Four defendantsBias, Shawn, Young, and Millerare charged with conspiracy to commit armed robbery. Before trial, Bias moves
Question:
Four defendantsBias, Shawn, Young, and Millerare charged with conspiracy to commit armed robbery. Before trial, Bias moves to suppress the testimony of Young, a co- defendant who has agreed to testify as a prosecution witness, that he had a conversation with Bias shortly before the robbery and that Bias said he was "in."
At the hearing on the motion the following happens: Judge: This is the defendants motion to suppress the testimony of co-defendant Young regarding a conversation he had with co-defendant Bias. Prosecution, what is the foundation evidence you intend to present at trial that bears on this admissibility issue? Prosecutor: Your honor, we have four pieces of evidence relevant to this issue. First, a bank employee will testify that she knew Bias, and that Bias had conversations with her regarding when armored truck deliveries were made to the bank. Second, we have eyewitnesses that will put Bias outside the bank at the time of the robbery.
Third, we have the police officer who arrested Bias shortly after the robbery, who will testify that he recovered $30,000 in cash from the getaway car, from the side of the car where Bias was sitting, right after the car was pulled over. Finally, we have Youngs testimony that he talked with Bias shortly before the robbery, andthat Bias said he was "in." Judge: Assuming that the prosecution actually presents that evidence at trial, whats your position on this , defense? Defendant: We object to Young's anticipated testimony, your honor.
1. What objections and motions should be made?
2. What are the best arguments to support the objections?
3. What are the best arguments to oppose the objections?
4. What are the proper rulings?
5. How else could these issues have been resolved?