At approximately 3:10 a.m. on November 5, 2017, in San José, California, police officers responded to a radio dispatch indicating that a man had hit his girlfriend with with a baseball bat. The woman had called 911 screaming into the phone, “My boyfriend is attacking me with a Louisville Slugger!” Because the girlfriend refuses to testify. At trial, the prosecution attempts to admit the 911 statement into evidence over the objections of the defense attorney.
Does the 911 statement constitute hearsay? Is there an exception to the hearsay rule? If the trial judge declares the statement NOT hearsay, what will the defense ague? What will the prosecution argue? (hint:Crawford (attached)) How should the judge decide?
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