While awaiting trial in a jail cell, Vern struck up a conversation with his cell mate, George
Vern was awaiting trial on statutory rape charges and was facing significant jail time and George was accused of killing two people in a drug deal gone bad. After sharing a cell for three months with George, Vern sent a note to his lawyer asking to meet. When Vern met with his attorney, Vern said he had some information about George's case that he wanted to share with the prosecutors. Vern met with prosecutors and told them that he had heard George confess to the murder. Although Vern provided no new details of the crime other than what was available in the news, prosecutors negotiated a plea agreement with Vern whereby in exchange for his testimony against George, Vern could plead guilty to a reduced charge and be sentenced to time served. At George's trial, Vern testifies that George admitted the killings and denied having made a plea agreement in exchange for his testimony. Can the defense object on hearsay grounds to Vern's testimony about his conversation with George and is it misconduct not to notify the defense about Vern's plea bargain?
What will be an ideal response?
ANSWER: Answers may vary: The defendant's own statements introduced against him at trial are not hearsay as they are admissions by a "party opponent." It is absolutely wrong for the government to withhold from the defense the information that it has negotiated a plea agreement with a state's witness. Withholding such information deprives the defendant of a meaningful opportunity to confront witness against him by engaging in meaningful cross examination to explore the issue of witness bias, in violation of the Sixth Amendment's confrontation clause.
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