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A Veteran Boston Police Officer Was on a Routine Patrol

Question 83

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A veteran Boston police officer was on a routine patrol of the south-side of the city late one Saturday evening. At approximately 3:31 AM, dispatch sent a message out over the wire that a young man was shot at a nearby gas station. The veteran officer realizes how close he is tothe location, sohe hits his lights and tells dispatch that he is on his way tothe scene. Upon arrival, the officer witnesses a young Caucasian male, lying on the ground in a pool of blood. The officer quickly radios in for an ambulance and then takes off his jacket and applies it tothe gaping wound in the young man's chest. The officer attempts toget the victim tocalm his breathing sohe does not gointoshock. At the same time, the gas station attendant says that another Caucasian male had left the scene moments after the shots had occurred, but he did not really see the potential suspect. The officer turns tothe victim and asked, "did you see the man whodid this toyou?" and the victim said "yes, I know him." He identified the suspect as Barry Rourke, a known Irish gang member whose modus operandi includes strong arm robberies and low-level heroin dealing in the area. As the officer continues toapply pressure tothe man's wound, he can tell he is dying-and unfortunately seconds later, the victim takes his last breath and succumbs tohis wounds. As backup arrives, the officer shares his story with his sergeant whothen calls you, the district attorney. As the prosecutor for this district of Boston, you tell the officers on scene totrack the suspect down for immediate questioning; however, you want tobe present for this process. As you are getting in the car tohead towards the police station, you are concerned about the legal issues of whether or not the victim's identification of Rourke can be used in court. Is it inadmissible hearsay? The suspect is eventually tracked down and questioned by police with you being present. During the questioning, he indicates that he has killed noone - he was with his girlfriend and she can testify tothat. Upon further interrogation, Rourke lawyers up, and says nomore. As the prosecuting attorney, what doyou doand why?

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