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Gary is on trial for robbing the First National Bank on December 10th. The prosecutor's theory is that Gary and his accomplice, Bill, robbed the
Gary is on trial for robbing the First National Bank on December 10th. The prosecutor's theory is that Gary and his accomplice, Bill, robbed the bank together, wearing ski masks and driving away in the same car. Bill confessed to the robbery, and he has pled guilty and awaiting sentencing. He refuses to testify in Gary's case. The prosecutor seeks to admit Bill's confession. The confession does not mention Gary's name at allBill simply admits to having robbed the First National Bank with an accomplice on December 10th. The prosecutor has other evidence tying Gary to Billfor example, Gary and Bill were together when they purchased ski masks the day before the robbery, and they were seen in a car together on the 10th only a few minutes before the robbery occurred. Gary's attorney objects to the confession. Is Bill's confession admissible? Group of answer choices Yes, the confession is admissible as a party-opponent statement because Bill and Gary were co-conspirators, so all of Bill's statements about the crime are attributable to Gary. Yes, the confession is admissible as a statement against interest because it exposed Bill to criminal liability and he is now unavailable to testify. No, the confession is not admissible because Gary has a Sixth Amendment right to cross-examine Bill and Bill is not available to be cross-examined. Yes, the confession is admissible under the forfeiture exception because Gary implicitly waived his rights under the hearsay rule with regard
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