Reference no: EM132855561

John Contrito has a heavy conscience. He stole $20,000 from an children's soccer athletic association fund during the year he served as president of the association. He had never been a religious man, but his guilt was so heavy, he decided to seek spiritual advice. John drives by a strip mall and notices that one of the storefront businesses has a sign that states, "Jacksonville Church of What's Happening Now." Burdened with guilt for his transgression, he pulls into the parking lot of the strip mall and enters the establishment. He is met by a woman dressed in clerical garb with a preacher's collar. She introduces herself as "Lady Divine," the pastor of the Church. Contrito tells her in a confidential setting in the establishment that his conscience is burdened. Lady Divine asks him to relate his problem to her. He tells her that he stole $20,000 from the soccer associaton. She tells him to leave a donation to her church and to "go and sin no more.... his sin is forgiven." John Contrito is relieved. Unfortunately for him, the auditor's report for the soccer association notes the shortfall of $20,000. A police investigation is initiated and John Contrito becomes the prime suspect. During the investigation, the local press account lists John Contrito as the prime suspect. Lady Divine reads the paper and calls the police. She tells them that for a fee, she can give them information that will convict Contrito. The local police pay her a fee of id=mce_marker00 and she tells them that Contrito confessed the crime to her. At trial, Lady Divine is called to the stand by the prosecutor and asked the following question: "Did John Contrito speak to you concerning theft of funds from the soccer association?" The defense counsel for Contrito objects to the questions.

Question 1: What would the specific objection be? Explain your answer.

Question 2: Do you believe that the objection will be sustained by the judge? Why?