Page 198 - Original 2020 Legal Guide By Jack Ryan

Task: Statements and Witness Unavailability

Giles v. California, 554 U.S. 353 (2008).

A statement pre-death (not including a dying declaration) is not

admissible at trial where the defendant has made the witness/victim

unavailable (i.e. murdered the victim/witness) unless the murder was

for the very purpose of making the witness unavailable to testify.

Investigators should recognize that when a witness/victim is

unavailable for trial due to actions of the defendant, the defendant’s

motive will be the key to determining whether a prior statement by

the witness will be admissible for purposes of the prosecution.

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