Why would that be admissible to her mother statements

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Reference no: EM133299773

Case: Barbara witnessed a hit-and-run car accident while she was waiting for a bus. At the time of the crash, she was on the phone with her daughter and said, "Oh, honey, a man just ran the stoplight and smashed right into a woman driving a little red sports car. Oh, no! He's taking off! You know the driver looks a lot like that actor. You know the one. Who was in that thing. Where he's the president, but he's mean? Kevin Spacey. Yeah, that's him. And he was driving a truck like your brother's. Brown with a black gun rack in the back window."

Police arrest Bart, who does bear a striking resemblance to the actor Kevin Spacey, and who was driving a brown truck with a black gun rack. The prosecutor subpoenas Barbara for the trial. Unfortunately, between the accident and the trial, Barbara suffered a rapid onset of dementia and is no longer communicative.

Question: Discuss whether Barbara is unavailable under Rule 804. If the prosecutor seeks to have Barbara's daughter testify as to her mother's statements, would that be admissible? Why or why not?

Reference no: EM133299773

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