Question
Hoggs was kept in the City Jail overnight after his burglary arrest. It had been a busy night at State University, and his cellmate was
Hoggs was kept in the City Jail overnight after his burglary arrest.
It had been a busy night at State University, and his cellmate was a graduate student in mathematics and computer science, arrested after a wild party celebrating the fact that one member of the faculty had worked out a new proof for Fermat's Last Theorem.
Tidings plans to offer the testimony of the cellmate, one Curt Gertel, to the following effect:
"I recognized Hoggs right away, and introduced myself. He asked me why I was in jail, and I started to explain the new proof to him. He asked me if I knew a lot about computers, and I told him I was a graduate student in math and computer science. He then said that he might want me to help him with a computer joke, and asked how much I would charge. I told him I would charge $25 an hour, but that I wouldn't do anything illegal.
"Hoggs said that it wouldn't be illegal, and that he would send 'one of the computer guys from the office' to let me know what he needed done. I asked who, and he said he wasn't sure. I said that I am picky about who I work with. He said that he would tell the person he sent to use a phrase of my choice. I taught him the Pythagorean Theorem, and he said that the person he sent would use it to identify himself.
"Two days later, when I was in my office, a man came in and said that Hoggs told him to identify himself to me with the Pythagorean Theorem, which he then recited. He then gave me some floppy disks, and a hard drive, and asked me to delete all references to Tidings from them, because Hoggs didn't want anything in his computer stuff that might tie him to the leaflets.
"I knew about this lawsuit from the papers, and had grown up on Raoul Tidings stories from my father. So I took the disks, told the man that it would take a few days to delete the files so that they could not be restored, and called Raoul's office as soon as he left."
The disks do contain files which seem to be the source of the leaflets.
If Tidings offers Gertel's testimony, will it be admissible over a hearsay objection from Hoggs? References to the courier in the choices below are references to the man who identified himself to Gertel with the Pythagorean Theorem.
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