Moe Howard was disabled and operated a "store" that sold soda, cigarettes and other personal items out of his house in a poor neighborhood of Omaha, Nebraska. One day his wife came home from work to find the door to the house was broken off the hinges, the house was ransacked, and her husband lay dead in a pool of blood in the living room. It was clear to the EMTs and Medical Examiner that he had been beaten by a heavy object about the head and neck, and that the beating was the cause of death.
For three days police had no leads regarding the murder. They had no DNA evidence, fingerprints, etc. On the fourth day, however; word in the neighborhood was that Bud Abbott and Lou Costello were involved in the homicide. Police went to Costello's house and talked to his live-in girlfriend Gilda Radner. Radner told them that she lived with Costello for the past 4 years and that they had two children together, ages 3 and 1. After talking to her for a few more minutes, the police asked Radner is she would give a statement at the police station about what she remembered occurring four days earlier. She agreed to give a statement.
Radner followed the police to the local station and during her conversation with police described what she remembered occurring the day Moe Howard was killed. She stated:
Radner - He (Costello) came home about 8 am and seemed nervous. He told me to go upstairs and get the kids, put them in my room. He looked really nervous and didn't seem himself. He was short tempered, and I asked what was wrong. He told me to "shut up" just keep the kids upstairs. He then went to the fridge to get a beer. I went upstairs; made sure the kids were still asleep and then came downstairs. Lou was constantly looking out the front door and the window. He was acting really peculiar so I asked him "What did you do." He said "I hope I didn't kill this guy." He then told me to again shut up.
Police - What did you, what did you take him to mean by saying that?
Radner - That he had beaten somebody up.
Police - Did you notice anything else?
Radner - Yeah, there was a big blood stain on his pants.

The Police interviewed Bud Abbott and Lou Costello separately. After waiving their rights, they both admitted being at the Howard house/store on the day of the murder; but each said they did not strike or hit Mr. Howard. Abbott's story was that Costello beat Howard senseless - Costello said Abbott beat Howard. Both admitted they went to the store to rob it.

Abbott agreed to plead guilty to first degree robbery and agreed to testify against Costello. Besides wanting to call Abbott as a witness, the State wanted to also call Radner.
Situation 1
Costello is on trial for murder, and the State calls Radner to the stand. The Prosecutor begins asking her questions about what she saw when Costello came home, and she tells the court what she observed. The Prosecutor then asks if Costello said anything to her. She says "He said, I hope I didn't kill this guy." The Defense attorney immediately objects claiming the statement is hearsay and should be stricken from the record. He also asks if the court to instruct the jury to disregard the statement. The Prosecutor argues that the statement should be admissible. You are the judge.
Question 1
Do you admit the statement into evidence or do you strike the statement from the record and tell the jury to disregard the statement? Explain your decision and provide citations and quotes supporting your decision.

Situation II
Two days before the trial is to start, Radner told the police she did not really recall anything about what occurred when Costello came home and did not think she could help their case if she testified. With this information, the police and defense counsel asked for a pre-trial hearing to determine if Radner would testify or if her recorded statement could be admitted as evidence. At a pre-trial hearing; Radner testified she really did not remember much of what she told the police. The prosecutor then played her statement to her, even reading her statement and listening to the tape recording. Radnor still said she did not remember much of what occurred. At the conclusion of the pre-trial hearing, the Court determined Radner was feigning she had lost her memory. The Court ruled that her prior statement could be read to the jury during trial.
Radnor does not testify and her statement was read during the trial. Costello was convicted of first degree robbery and felony murder.
Costello now appeals his conviction. Answer the following questions
Question 2
Did the judge's ruling violate Costello's 6th Amendment right of confrontation? Why or why not; and again, cite something from the text, my notes or an evidentiary rule? You must provide a detailed explanation.
Question 3
Is there a legal doctrine that would allow the admission of Radner's statement, without Radner testifying, which would not violate Costello's 6th Amendment right of confrontation? What would the court have to determine to admit that statement? You must provide a detailed explanation.