State v. Gomes

The issue presented in this case is whether an extrajudicial statement of a witness, written but not sworn to, which incorporates admissions of the defendant, is admissible as substantive evidence of the matters asserted therein.

The facts are not in dispute. Defendant was indicted for the murder of Gerald Cooke by the grand jury sitting at Carroll County. He was arraigned on September 20, 1974, and entered a plea of not guilty. Prior to the indictment, on February 7, 1974, defendant’s cousin Richard L. Gillis was questioned by New Hampshire State Police at the Medford, Massachusetts Police…