Otherwise inadmissible witness statement admissible in criminal proceeding, when
Normally, some statements a witness made earlier cannot be used in court. But if a judge decides it is more likely than not that the defendant did something wrong on purpose to keep a witness from showing up — and that wrongdoing is why the witness is not there — then that witness's earlier statement can be used as real evidence in a criminal case. The state also has to show it tried hard to get the witness to come, unless the defendant caused the witness's death. In a jury trial, the judge makes this decision privately, away from the jury, before the jury decides the case.
491.016. Otherwise statement in criminal , when. — 1. A statement made by a witness that is not otherwise admissible is in a criminal proceeding as to prove the if, after a , the court finds, by a , that:
(1) The engaged in or to wrongdoing with the purpose of causing the of the witness;
(2) The wrongdoing in which the defendant engaged or acquiesced has d or substantially contributed to cause the unavailability of the witness;
(3) The state exercised to secure by or other means the attendance of the witness at the proceeding, or the witness is unavailable because the defendant caused or acquiesced in the death of the witness; and
(4) The witness fails to appear at the proceeding.
2. In a jury trial, the hearing and finding to determine the of the statement shall be held and found outside the presence of the jury and before the case is submitted to the jury.
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Source & history notes
(L. 2021 S.B. 53 & 60)
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.