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I have a Def accused of 3 robberies and engaging in organized crime. One of the CoDefs was murdered after he turned State's witness. Another CoDef was spooked after the murder, he was going to testify against main Def but backed out. He has plead guilty and is awaiting sentencing. He does not want to testify anymore. Soon after the arrest the spooked CoDef gave a statement implicating Main Def in the armed robberies.

How can I get the CoDef's statement in without confronting Crawford issues? I know 803(24) is a firmly rooted hearsay exception but Codef also implicates main Def in the video statement.

Any help would be greatly appreciated.
 
Posts: 31 | Location: Laredo, Texas, Webb | Registered: May 03, 2007Reply With QuoteReport This Post
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If you can show that the reason for the refusal to testify is due to defendant's actions, check out forfeiture by wrongdoing. Previous threads on this topic:
Here
and
Here
andHere

There are others but these should give you a quick start on your research. Good luck!
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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Whether the Co-def. WANTS to testify or not doesn't really matter. You subpoena him and force him up there. If he pleads the 5th, grant him immunity for his testimony. Now you've taken the 5th out of play. Now he's "available for cross-examination", so no more Crawford issue. You don't even necessarily need to ask him about the case. You could put him up on the stand, ask him his name, and pass the witness and you've solved your Crawford issue. All you'd have to do is get over hearsay and you're good to go.
 
Posts: 64 | Location: Brazos County, Texas | Registered: February 14, 2007Reply With QuoteReport This Post
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