Legal Question in Criminal Law in Pennsylvania

Testimony for Arson/Murder
Is it possible for someone to give testimony that was told to them by a witness to an arson murder? The witness saw what happened, knew the times, people involved, everything, but was afraid to come forward. When he finally did decide to tell, he told his mother first, then made an anonymous call to the DA which was recorded. He was going to call them back when he could talk to someone in person. But before he could he was killed by a drunk driver. Can she give testimony of what he told her, and verify that it is his voice on the recording saying what he knew?

Asked on 11/22/06, 5:42 pm

2 Answers from Attorneys

joyce eubanks

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Re: Testimony for Arson/Murder

The simple answer is no-it is not permissible for a person to testify about something that was told to them by someone who is not available to testify.

Now having said that arson is one of those types of charges is often time proven with the statements of the arsonist. In this matter you have indicted that he made an anonymous phone call, but he problem for the prosecutors is that the other people who would be charged would argue against any statements of the dead person, being used against their clients, because they do not/did not have an opportunity to cross examine the person making the statement. Thus, even if Mom can identifiy her son's voice, is statements are not (in my opinion) admissible because the people being charged would not have an opportunity to confront the person making statements against them.

Answered on 11/22/06, 6:02 pm

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