1. Prosecution of D for arson arising out of a fire that destroyed D's insured building. Earlier, D had sued her fire insurer after it refused to pay. At the trial of that action, the insurer called W, D's friend, who testified that he saw D place a device in the shop just before the fire. D cross-examined W at that time, trying to shake his story. W is now dead, killed in a fire in another store. In D's criminal trial, the prosecution offers the transcript of W's testimony. Which of the following statements is most accurate?
   1. The transcript is inadmissible because in the criminal action, D has much to lose and thus a strong motive to more vigorously cross-examine W.
   2. The transcript is inadmissible because the civil trial came first.
   3. The transcript is inadmissible because its admission would violate D's constitutional right to confront the witnesses against him.
   4. The transcript is admissible.