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Emily died of a gunshot wound on June 15, 2020. Her husband, Bryan, is accused of murdering her. The prosecution wants to put in evidence

Emily died of a gunshot wound on June 15, 2020. Her husband, Bryan, is accused of murdering her. The prosecution wants to put in evidence that on Jun 1, 2020, Bryan assaulted Emily, punching her hard enough to break her jaw. The prosecution has medical evidence of her injuries, and circumstantial evidence indicating that Bryan and Emily were the only people in their home at the time that Emily received her injuries. The prosecution wants to put into evidence the June 1, 2020 call to a 911 operator from the couple's house. They have a recording of the call. A witness will testify that she is familiar with Emily's voice and that it is the voice on the recording. The call has been confirmed as coming from the location of the couple's home. The caller spoke in a high, wailing tone throughout the call.

Caller: HELP!!

Dispatcher: Where are you located?

Caller: Locked in the bathroom with my cellphone!

Dispatcher: No, what address?

Caller: 44 Main Street! Hurry, please!

Dispatcher: 44 Main Street, San Harold?

Caller: YES! Hurry up!

Dispatcher: Can you tell me what's wrong?

Caller: My husband is going to break down the door and kill me!

Dispatcher: Help is on the way. Where is he now?

Caller: Right outside! He's got guns in the house! Last week he went after my son with a gun, this week it's me! You guys have been out five times, you never do anything! He hasn't spent a day in jail!

[Banging, crashing, and screaming sounds followed, then a disconnect that terminated the call]

On June 15, 2020, Emily was murdered by an assailant who shot her several times. A ground-floor window had been broken and was possibly the means of entry. Emily's jewelry and money were missing, and the house had been ransacked.

The murder weapon was never found. It had been circumstantially identified through shell-casings found at the scene of the crime and recovered bullet fragments, as a firearm that had been stolen from a pawn shop the year prior. It cannot be affirmatively linked to Bryan or anyone else. There is conflicting evidence about whether Bryan and Emily lived together after the June 1, 2020, incident. The prosecution has other evidence incriminating Bryan in the murder, including admissions he made, but its case is far from conclusive and it wants to put the 911 call into evidence. Bryan denies any involvement in the June 15, 2020 killing and plans to call alibi witnesses.

Evaluate the admissibility of the 911 call and come to a conclusion. Authentication is not an issue.

Provide an IRAC/ CREAC formatted essay response to the fact pattern and subsequent question

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