Impeachment, Hearsay, Privileges, and Burdens of Proof

You have been working with a local law enforcement agency. Over the past two years there have been some issues with hearsay evidence. Your task is to conduct a case review to determine what hearsay is and what is not.

Tommy “Two Toes” D’Natalia has a certified public accountant (CPA). He has been using his accountant to wash ill-gotten gains from his racketeering. The SAC has a subpoena for the CPA. D’Natalia is claiming privileged communication with his CPA, and it prohibits the accountant from testifying.

Luigi “the Pipe” Cardone heard through the grapevine that Big Sal Salvatore has been telling everyone how he was told by Frankie “the Lip” Bonnano that Freddie “Fingers” Malone was murdered by his wife Slippery Sally Genovese-Malone. Cardone wants a deal to testify against Slippery Sally.

Lawrence ‘Lucky’ Livorno drove the getaway car for a jewelry store heist. Bertram “Bugsy” Bertoli and Little Carmine D’Angelo went in and robbed the store. During the robbery, Bertoli shot and killed the store owner. D’Angelo and Livorno both want to testify to avoid the death penalty.

For your assignment, complete the following in 3–4 pages:

• Provide an example of which testimony is hearsay and likely to be inadmissible. Why do you believe your example would be considered hearsay?
• Provide an example of which testimony is privileged communication and which is not. Why do you believe the example you choose is considered privileged communication?

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