I've got a Harboring a Runaway case that is coming up soon. After the police finally tracked down the runaway and took her to the juvenile center, her mom showed up and tape recorded her daughter describing what happened and the defendant's part in everything. To my understanding the police or any other "State actor" were involved in the recording of this tape.

The runaway is currently being cooperative, but there is a fear that when she takes the stand without her mother present, she may not be.

Notwithstanding the possibility of using it for impeachment, our judge has indicated that he believes this tape is inadmissible.

Any ideas on how I can get this tape into evidence even if the runaway is cooperative?

Thanks, in advance!

...that's supposed to be..."or any other 'State actor' were NOT involved in this recording..."

It seems to me the tape recording is clearly hearsay. A tape is really no more reflective of the truth than the testimony of a witness that he/she was told something out of court. If the child tells a different story on the stand, you could possibly use it to impeach, but under those circumstances it would not be admitted as evidence of the facts stated on the tape, only as evidence of the witness' having made a prior inconsistent statement for credibility purposes.

You may find yourself in the same boat posited by the "recorded recollection" posts above, if the child takes the position that she can't remember.

Have you considered asking the mom not to be present? She might agree if you feel the child will not be candid with her in the courtroom. And the defense may be able to demand her exclusion by invoking the Rule if she is a potential witness anyway.