Commonwealth v. Bracero

I dissent. I would remand for a new trial on the ground that the trial court erred in excluding the proffered testimony by Harry Tobias concerning statements by Frankie “Spunk” Rodriguez against Rodriguez’ penal interest. Although I base my conclusion on the law as it now stands, I suggest that this case demonstrates the need to clarify the law in this area.

The exception to the hearsay rule for declarations against interest originally extended only to statements against the declarant’s pecuniary or proprietary interest. See Donnelly v. United States, 228 U.S. 243, 33 S.Ct. 449, 57 L.Ed. 820…