Draco is being prosecuted for murder. At a preliminary hearing which Draco attends with his lawyer, Draco's alleged accomplice Edith testifies for the prosecution. But then the prosecution later calls Edith to the stand at Dracos trial to testify, she refuses and persists in her refusal even after the judge orders her to testify. The P then offers into evidence Edith's testimony at the hearing. Does the hearsay rule allow the transcript to be introduced?