A defendant was charged with the murder of a victim. During the course of the criminal trial, a witness testified on behalf of the defense that, at the time the murder took place, he saw someone who looked like the defendant dancing at a local nightclub. The defendant is eventually acquitted of the charge. Following the acquittal, the appropriate survivors of the victim bring a wrongful death action against the defendant. As part of her defense, the defendant wishes to introduce the testimony given at the criminal trial by the witness, who the defendant shows is now incarcerated in a prison in another state. Is the testimony of the witness admissible? Group of answer choices Yes, because the defendant is a party to both proceedings. Yes, because the witness testified under oath at another hearing related to the same subject matter. No, because the plaintiffs were not parties to the criminal proceeding. No, because the witness can be subpoenaed to testify