Explain how should the judge rule

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Reference no: EM133327340

Assignment: At trial, the first prosecution witness is Joey "The Ant" Mazzotti, a former member of the mob who is now a government informant. Joey was charged in the same indictment as Dean, but Joey took a plea and agreed to testify against Dean in exchange for a lenient sentence. He testifies as follows:

"Dean knew that we were using his shipping containers to import heroin. He told me that he'd keep doing it until it stopped paying. He said the money was too good to stop."

Question A. Dean's lawyer objects on the basis of hearsay. How should the judge rule? Explain fully.

In the period leading up to the trial, Dean's defense team began investigating Carol, Dean's former executive assistant at the import business. Carol gave a statement to the defense investigator in which she said she was the one who really ran the business and took care of all the details, including shipping logistics. In that interview, Carol said the following:

"Dean was clueless about how that business ran. I did everything. I'm the one who met with those shady mob guys and agreed to 'lease' the containers to them. I negotiated the prices. Dean had no idea what was going on behind the scenes. I feel bad for the guy, but that's what happens when you let your underpaid secretary handle all the important decisions."

At the end of the prosecution case, the defense wants to call Carol to testify when they present their case. However, Carol has disappeared. Dean's lawyer confirms that Carol left the country shortly after making her statement to the investigator, and no one can locate her to serve her a trial subpoena. The defense investigator interviewed Carol's family and neighbors, which turned up some clues about where Carol might go. But after tracking Carol's whereabouts through several countries in South America, the trail has gone cold.

Question B. Dean's lawyer wants to admit into evidence Carol's earlier statement to the investigator. The prosecutor objects on hearsay grounds. How should the judge rule? Explain answer fully.

Reference no: EM133327340

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