1511
The prosecutor can argue that this is an "adopted" statement under Rule 801(b)(2)(B). Cosby is the opposing party and he has tacitly admitted the truth of the accusation by failing to deny it. The fact that he looked at Moritz and paused shows he heard the accusation.
Questions? Email tanford@indiana.edu and refer to 1511.
What counter-argument can the defense make? When you think you know the answer, click here