Reference no: EM133577635

Question: You are interviewing a neighbor to a Defendant accused of 2nd degree murder, and who is being sued civilly for an intentional tort. The neighbor stated that he was on his porch the night of the alleged murder and saw the Defendant and his 2 friends come running onto their porch next door about 15 minutes after the crime.

The witness states:" I was sitting here looking at the stars when my neighbor Carl (Defendant) and his 2 friends, Al and Bob, ran onto Carl's porch. They are young hoodlums and gang members. I heard Al say to Carl, "I can't believe you shot him 5 times!!" Bob then said to Carl "I almost messed my pants when you pulled out that .45 and blew that $%^& away".

Both Al and Bob have now disappeared, so you cannot interview them, so your lawyer hopes to use the neighbor as a witness at the civil case to show Carl shot the Plaintiff causing personal injuries. Explain whether the witness can testify to the statements made by Al and Bob in court, and whether those statement would be admissible evidence.