The defendant D is charged with a brutal rape, robbery, and murder that occurred in an apartment elevator in washginton d.c. D’s DNA was found in the victim’s body. He was arrested at home two weeks later based on a DNA match. He lives near the scene of the crime. He has no alibi. He made no statements to the police. No evidence other than the DNA match connects him to the crime.
One year after the incident, on the eve of the trial, the prosecutor receives letter from P, a state prisoner who is neighbor and life long associate of D. P was arrested several months after D. He is serving five consectative life sentences, having pled guilty to a series of homicides/ rapes committed at around the same time and in the same area. The letter which P signed and swore to before a jailhouse notary, reads:
“ You are prosecuting the wrong man. I killed the woman in the elevator. You will find her empty wallet at the bottom of elevator shaft in the building next door”. I stole some of D’s DNA and put it in her body.
The letter goes on to describe gruesome details of the crime, known only to the medical examiner that were not publicized including details about the manner in which the victim’s body was injured. The police find’s victim’s empty wallet exactly where the letter said it would be.
The medical examiner’s report, which has not been released to the press or public, confirms every details of the letter concerning the victim’s injuries.
The prosecutor shows the letter to the judge, who directs that it would be turned over to the defense. But when the defense connects the prisoner, he refueses to comply with a subpoena to testifiy at trial. He informs the defense that his letter speaks for itself, that he will refuse to be transportated to the court house, and that if he is compelled by force to take the witness stand, he will repudiate the letter and assert his privilege against self incrimination. The defense applies to introduce P’s letter at trial by calling the notary who witnessed the sworn statement.
Question:
Make the case for and against admissibility of the letter. (250 words each) Now be the judge.
How would you rule and why? (250 word)