The prosecution has not adequately established

Reference no: EM133682185

Question

Blackie Harker is accused of attempted robbery of the Benjamin National Bank of Benjamin, Franklin. The prosecution believes that Blackie in fact conspired with his brothers Whitey, Red, and Amadeus, and their mother Ma, to rob the bank. The government has not brought any conspiracy charge against Blackie.

The government offers in evidence a tape of a call from Amadeus to the local FBI office, for which Amadeus served as an informant on a number of matters.

Amadeus: Is Agent Conroy there?

Conroy: This is Agent Conroy.

Amadeus: Here is the scoop on the upcoming bank job.

Conroy: OK, we're taping this. Just speak slowly and distinctly.

Amadeus: Blackie, Red and Ma are going to hit Benjamin National on Friday morning the 27th at 9:45, and Whitey will handle the getaway car. I'm supposed to be at the Mall parking lot, to pick up the money to take to a fence, but I'm not supposed to be in the robbery itself.

Conroy: OK, we've got it.

Blackie's counsel will object to this evidence as hearsay. The prosecution will argue that it is within 801(d)(2)(E). Which arguments in Blackie's favor are good ones, and which ones are bad?

The prosecution has not adequately established that a conspiracy existed.

Reference no: EM133682185

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