Question
Sam, Quentin, and Timothy were working together to sell cocaine.During the course of their operations, Timothy purchased half a kilogram of cocaine from a supplier
Sam, Quentin, and Timothy were working together to sell cocaine.During the course of their operations, Timothy purchased half a kilogram of cocaine from a supplier who turned out to be an undercover officer. Timothy was arrested, and within a few hours he confessed, implicating Sam and Quentin and agreeing to testify against them.Sam and Quentin were arrested and charged with selling cocaine.
Quentin was released on bail, and the next day he shot Timothy dead.He was caught in the act and pled guilty to the murder of Timothy and to the cocaine sales, stating that he and Sam had agreed that Timothy should be killed.However, he refused to testify at Sam's trial.
Sam is now on trial.The prosecutor offers the statements that Timothy made during the confession which implicate Sam.Sam objects to this testimony.Should the court admit Timothy's statements?
A
Admit Timothy's statements as long as there is corroborating evidence of their trustworthiness, because they were against Timothy's interest when he made them and he is now unavailable.
B
Admit Timothy's statements, but only if the judge determines that Quentin killing Timothy was in furtherance of the conspiracy, within the scope of the conspiracy, and reasonably foreseeable as a natural consequence of the conspiracy.
C
Admit Timothy's statements, but only if the judge determines that Sam directly participated in killing Timothy.
D
Preclude Timothy's statements.
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