Dondon, a 10th street gang member, shot and killed a rival 6th street gang member at a party. He was arrested. Silvia was Dondon's girlfriend. They had dated several years and he coached her 8 year old brother's basketball team. She was the only witness to the killing. When Dondon was in jail, Silvia went to the police station and told Detective Joseph the details of the killing and how Dondon confronted the rival 6th street gang member at the party and that Dondon yelled out "This is 10th street, I'm Dondon. Where are you from?" then shot and killed the rival gang member. Silvia reviewed her statement in the police report and said that account is accurate. The jail mistakenly released Dondon on his own recognizance due to computer error. Prior to trial, Dondon, late in the evening, knocked on Siliva's door. When she answered Dondon said, "I'm sorry babe, I can't go back to prison!" He then shot Silvia several times and fled. Silvia died. Silvia's 8 year-old brother was standing behind Silvia. He both saw Dondon shoot Silvia and heard Dondon say, "I'm sorry babe, I can't go back to prison." The 8 year old is in second grade but reads and does math at 4th grade level. Dondon was arrested, entered a not guilty plea, and demanded a trial. Dondon has not yet been charged with Silvia's murder.

1. At Dondon's murder trial of the rival gang member, the prosecutor calls Detective Joseph and seeks to introduce Silvia's first statement memorizied in his police report which includes the details of the killing and Dondon's statement "This is 10th street, I'm Dondon. Where are you from?" Discuss.

2 The prosecutor seeks to call Silvia's 8 year old brother to testify to Dondon's statement "I'm sorry babe, I can't go back to prison."

Discuss. Assume all objections are made. Answer according to both CEC and FRE where applicable.

Please IRAC all answers, Meaning Issue/Rule/Application/ Conclusion