Burdens of Proof

You are an assistant to the Special Agent in Charge (SAC) of the Organized Crime Task Force. The SAC has asked you to go over certain witness-related situations that will be testified to in an upcoming trial. The SAC has concerns about some of the witness testimony and is trying to avoid embarrassment by turning in records that may not be usable by the Assistant United States Attorney (AUSA) who is prosecuting the case. 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: Identify which testimony is hearsay and likely to be inadmissible. Identify which testimony is privileged communication and which is not. Identify how the Best Evidence Rule functions in relationship to the witness testimony being proffered.

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