State v. Bennett

| FITZSIMMONS, Judge,

concurring in part with reasons.

I must concur in the result reached by the majority on the issue of the propriety of the trial court’s ruling denying admissibility of a recorded statement by defendant.

Louisiana Code of Criminal Procedure article 801(D)(1) provides that a prior statement of a witness is not hearsay if:

[t]he declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is: ... (b) [consistent with his testimony and is offered to rebut an express or implied charge against him of recent fabrication…