Chapter 12 - § 13.8 ATTACKING AND SUPPORTING DECLARANT'S CREDIBILITY

• Jurisdiction: Colorado

§ 13.8 ATTACKING AND SUPPORTING DECLARANT'S CREDIBILITY

Colorado

➢ "When a hearsay statement, or a statement defined in Rule 801(d)(2)(C), (D), or (E), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with his hearsay statement, is not subject to any requirement that he may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine him on the statement as if under cross examination." CRE 806.

➢ Prior Inconsistent Statement of Hearsay Declarant. A hearsay declarant's prior inconsistent statement may be admitted for purposes of impeachment. If the declarant testifies at trial and is subject to cross-examination, the evidence may be admissible for substantive purposes. Burlington N. R.R. Co. v. Hood, 802 P.2d 458 (Colo. 1990).

➢ Declarant's Statements to Detective that Were Inconsistent with the Declarant's Testimony in Previous Trial were admissible without the need to confront the declarant with his prior statements under CRE 613. People v. Ball, 821 P.2d 905, 909 (Colo. App. 1991).

Federal

➢ "When a hearsay statement — or a statement described in Rule 801(d)(2)(C), (D), or (E) — has been admitted in evidence, the declarant's credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had testified as a witness. The court may admit evidence of the declarant's inconsistent statement

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