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During the prosecution’s case in chief, evidence was introduced establishing that a can of turpentine, a highly flammable liquid, was discovered under Cody’s bed when he was arrested for arson. On direct examination by Cody’s own attorney, Cody states that when he was arrested and the can of turpentine was found, he told the officers “I use that to clean my paint brushes after painting a house.”
If the prosecution moves to strike the testimony, how should the Court rule?
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Consider that Cody is attempting to bring in an out of court statement previously relayed to officers when he was arrested. Is there an exception for exculpatory out of court statements offered by the party for their own benefit?
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