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A statement that meets the following conditions is not hearsay: An Opposing Party’s Statement. The statement is offered against an opposing party and: (a) was made by the party in an individual or representative capacity; (b) is one the party manifested that it adopted or believed to be true; (c) was made by a person whom the party authorized to make a statement on the subject; (d) was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed; or (e) was made by the party’s co-conspirator during and in furtherance of the conspiracy. Fed R. Evid. 801(d)(2)(B).
Defendant Herman Hoosier was charged with one count of armed robbery of a federally insured bank. Four witnesses identified him, three of them positively, as the person who robbed the bank. Another witness, Robert E. Rogers, testified that he had been with the defendant before and after the bank robbery, that before the bank robbery defendant told him that he was going to rob a bank, and that three weeks after the bank robbery, he saw defendant with money and wearing what he thought were diamond rings, and that in the presence of defendant, the defendant's girlfriend said concerning defendant's affluence at that point, "that ain't nothing, you should have seen the money we had in the hotel room," and that she spoke of "sacks of money." Defendant argued that the testimony elicited from Rogers concerning defendant’s girlfriend was inadmissible hearsay. The district court admitted Roger’s testimony, and the jury convicted defendant of the crime charged. The defendant challenged his conviction.
Was Roger’s testimony regarding the girlfriend’s statement inadmissible hearsay?
The court upheld the judgment convicting defendant of armed robbery of a federally insured bank, holding that the statement in question was made in defendant’s presence, with only his girlfriend and Rogers present. Because defendant trusted Rogers with information about the bank robbery plan and did not object when the girlfriend made the statement in the presence of Rogers, the total circumstances were that the testimony was admissible.