United States v. Rowland Chester Thomas

GODBOLD, Circuit Judge:

This case requires us to consider the dimensions of Federal Rule of Evidence 804(b)(3), which excepts from the hearsay rule statements against penal interest made by a declarant whose testimony is unavailable at trial. The appellant, Thomas, was tried for bank robbery jointly with Weeks. At trial Thomas sought to place a U.S. Magistrate on the stand to testify that Weeks, at the close of the preliminary hearing for all those indicted in the robbery, made statements exculpating Thomas. The trial judge ruled the evidence inadmissible, and both Thomas and Weeks were…