State v. Scholz

NICHOLS, Justice.

In his appeal from a judgment of conviction for aggravated assault 1 entered after a jury verdict in Superior Court (Kennebec County), the Defendant, Stephen J. Scholz, focuses upon the unavailable witness exception to the hearsay rule, M.R.Evid. 804(b)(1). 2

Because we find that the State failed to lay the proper foundation for admitting into evidence the prior recorded testimony of two witnesses represented to be unavailable at trial, we conclude that the trial justice 3 erred in admitting their testimony over the objection of the Defendant, and therefore, we sustain his…