Ok, I've got a gambling case where the officers recorded by audio 4 statements by folks that were there gambling at the time.

Each statement by the persons present talks about playing the games and receiving cash money.

There is no possible way to locate these people. Transient, from different parts of east Texas, no address or contact info supplied by investigative agency.

I'm thinking of trying to enter the recorded statements as statements against penal interest, and therefore admissions of a party opponent.

The other issue, of course, is whether they're testimonial or not. Since the statements are taken at the scene, I don't believe they're testimonial.

Anyone done this? Any tips, advice?

Thanks.

How do you get around the confrontation clause?

These statements appear to be testimonial in nature because they were taken with an eye towards future litigation.

Well, thats one hurdle. I don't believe the statements were testimonial because they were part of the instant investigation into what was happening at the scene. I.e. in order to determine that gambling was taking place, there needed to be cash exchanging hands - these witnesses provided the information to the officers on the scene.

I'm looking for some caselaw on that right now.

Were these surreptitiously recorded statements?

No, they are statements given to the police officers at the scene by the folks present at the gambling house. They are apprised of their rights, etc. on the recording, then asked questions and summarily they respond.

Officers arrive, see people gambling, ask them some questions pertinent to the gambling operation on the scene. The statements given are recorded on audio cds.

I feel like I'll be able to ask the officer about the statements because they're against penal interest, i.e. "I was gambling and received cash prizes" but I'd much rather be able to play the audio.

These witnesses were not arrested and have not been charged with anything.

I think you've got issues with confrontation. These statements are not being given to resolve any "ongoing emergency," and sound like they are being gathered in anticipation of trial and are therefore testimonial. Even if you beat the hearsay objection, it sounds like you may be stuck.

This ^^

Thats what the caselaw told me as well.

Thanks, y'all.