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A defendant was prosecuted for bankruptcy fraud. The defendant's wife, now deceased, had testified adversely to the defendant during earlier bankruptcy proceedings that involved similar issues. Although the wife had been cross-examined, no serious effort was made to challenge her credibility despite the availability of significant impeachment information. At the fraud trial, the prosecutor offers into evidence the testimony given by the defendant's wife at the bankruptcy proceeding.
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B is incorrect. The standard for admission of hearsay is not that it was a statement by a person identified with a party. There is no evidence that the former testimony would be an admission or that the wife's testimony could be imputed to the husband.
C is incorrect. The statements are admissible under the former testimony exception to the hearsay rule.
D is incorrect. The defendant does not have the right to prevent the use of his spouse's testimony against him, and even if he did, the confidentiality of the statements had already been breached when the wife first testified.