Jones v. Gelineau

OPINION OF THE COURT

John A. Milano, J.

The issue to be considered by this court concerns whether a police report recorded by a police officer at the scene of an accident, which records information within the personal knowledge of a witness, is admissible as the past recollection recorded of the witness, where the officer testifies at trial and *931the witness is unable or unwilling to testify at trial but had previously testified at an examination before trial (EBT). This court holds the trial court may in its discretion admit such police report as past recollection recorded as hereinafter set…