Reference no: EM133683988

Question

The following example from the case of Foreman v. United States (D.C. 2002).

"The Detective responsible for executing the arrest warrant for Foreman was questioned by the government concerning the events that occurred that evening at Ms. Nicholas' home. He testified that it was 2:30 a.m. on September 26, when the police officer arrived at Ms. Nicholas' apartment. Ms. Nicholas answered the door and was informed that they had an arrest warrant for Foreman. Nicholas told the police that Foreman was not there but that her boyfriend was upstairs. The officer entered the apartment and soon located an individual upstairs. The detective, who had become familiar with Foreman's face, recognized the man as appellant. Ms. Nicholas, however, produced a false identification card for Foreman, one that had his photograph and another name."

The evidence described above was offered to suggest Foreman's consciousness of guilt of the murder that police were seeking to arrest him for, and his efforts to void capture. The D.C. Court of Appeals ultimately ruled that it was inadmissible hearsay.

Is the Detective's testimony about: (1) Nicholas' statement that "Foreman was not there"; and (2) her offering false identification for Foreman - hearsay?