Question: 19B Plaintiff's lawyer argues that the statement is not inconsistent with the trial testimony. Passenger's trial testimony was that the car was going 35 m.p.h.

19B Plaintiff's lawyer argues that the statement is not inconsistent with the trial testimony. Passenger's trial testimony was that the car was going 35 m.p.h. He did not deny or contradict this speed estimate in the prior statement, but only said he did not remember. It is consistent for a person to have a failure of memory at one point and to recollect at another. Therefore, the statement is not admissible as a prior inconsistent statement. In light of this argument, do you still say that the statement is admissible as a prior inconsistent statement? yes or no

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