Fed.R.Evid.804

1.Negligence action by Plaintiff against Defendant arising from an automobile collision. Witness observed the collision, and Plaintiff plans to call Witness to testify at trial. Prior to trial, Defendant pays Witness to disappear for a while, making Witness unavailable to testify at the trial. Plaintiff wishes to offer into evidence Witnesss statement to a police officer the day after the accident, in which Witness said that Defendant ran a red light and struck Plaintiff. Defendant objects on hearsay grounds. How should the court rule? 2. Prosecution of Defendant for the murder of Victim. The prosecution alleges that Defendant killed Victim to prevent her from testifying at Defendants racketeering trial. Defendant denies having anything to do with Victims death. Before she was killed, Victim accused Defendant of being a big time mobster who is involved in all kinds of illegal activities. The prosecution wishes to offer Victims statement into evidence at the murder trial. Defendant objects. How should the court rule?

4.Prosecution of Defendant for bank robbery. A few days before the trial was to begin, Zed, one of Defendants co-defendants, killed Witness, a bank customer who was present during the robbery. Zed did this to prevent Witness from testifying against the defendants. Defendant knew nothing of Zeds plan to kill Witness before Zed carried it out, though Defendant did not inform the police of Zeds act after Defendant learned of what Zed had done. The prosecution wishes to offer in evidence Witnesss statement to the police in which she gave a description of the robbers. Defendant objects on hearsay grounds. How should the court rule?

5.Same case. Suppose that Defendant knew of Zeds intention before Zed acted, and that Defendant attempted without success to talk Zed out of killing Witness. When it was clear that Zed would not change his mind, Defendant told him, Do what you want. I cant stop you. Defendant objects on hearsay grounds to admission of Witnesss statement to the police. How should the court rule?