Case 8.1 Police respond to the scene of fight inside a local…
Case 8.1 Police respond to the scene of fight inside a local bar. The scene is chaotic with ambulance personnel attending to an unconscious male. In the course of rendering aid to the victim, the victim and the victim’s clothing were removed from the scene. The victim’s clothing and personal effects are collected by an emergency room nurse at the hospital. Police interview witnesses who report that the victim, Jeff Anderson, got into an argument with another bar patron/accused for having several rounds of drinks put on the patrons tab. Witnesses also report that the patron/accused struck Mr. Anderson with a close fist and two then exchanged several punches with Mr. Anderson giving the patron/accused a bloody nose. The patron/accused then struck Mr. Anderson with a chair knocking him unconscious and fled the bar. Police interview the bar owner who reports that accused became enraged after getting the $500.00 credit card receipt for his drink tab. The bar owner stated the “guy flipped out, nearly jumping over the bar when he saw the amount of his tab”. The bar owner reported that he pointed Mr. Anderson and said “go talk to your friend – he ordered three rounds for the bar on your tab.” Police ask for and receive copies of the credit card receipts for the accused, Dick Grayson. The investigating officer responds to the hospital and takes a statement from the victim who reports not knowing why he was attacked. While at the hospital the investigating officer asks if anyone had sought treatment for facial injuries from a fight. It is determined that Mr. Grayson had been seen and had reported to the registration nurse that his injuries were from “some guy sucker punching” him in a bar and had also stated “you should see the other guy.” Mr. Grayson is taken into custody and is being escorted out of the emergency room when he stops in front of room where the victim lying in a hospital bed being attended to by medical personnel he blurts out “I’m in so much trouble” and asks the officers “is he going to make it.” Mr. Grayson charged with aggravated assault.At trial the defense attempts to block admission of the credit card transactions from the bar as hearsay. Are the records admissible?