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Homicide and gets statement from key witness

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An officer responds to a homicide and gets a statement from a key witness. The witness offers a motive for the murder, saying that the suspect, a Hispanic male "yelled he was going to kill the other guy" right before he stabbed the victim, a Black male. The Hispanic male suspect is arrested and stands trial. The key witness recants their statement in court, and says "I never said that." The officer testifies to the statement he recorded. Before the case can make it to trial, the witness dies. You are the trial judge. Do you allow the officer's statement into evidence? Or do you follow the last statement of the witness, that he did not say he heard the suspect offer motive? Give reasons for your decision.

Reference no: EM133558710

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