Defendant owns a limousine service. One of his employees, Al…

Defendant owns a limousine service. One of his employees, Alpha, came into the office and stated, “Your driver Beta got into in accident this morning.” Defendant responded, “It’s probably because he was high on cocaine yet again.” Upon investigation, it turns out that Beta was not on cocaine, or any other drug, at the time of the accident. The victim of Beta’s accident sued Defendant and called Alpha to testify as to Defendant’s statement. Beta’s testimony is:

Alpha witnessed a hit and run car accident. Two weeks later,…

Alpha witnessed a hit and run car accident. Two weeks later, Alpha had a heart attack while walking down the street. Beta approached Alpha to offer her aid, and Alpha stated, “It was Defendant who ran over Plaintiff in that hit and run accident two weeks ago. Plaintiff deserves justice.” In a civil action between Plaintiff and Defendant, Plaintiff call Beta and asks him to recount Alpha’s statement. Defendant objects. The testimony is:

In a car accident between Plaintiff and Defendant, a police…

In a car accident between Plaintiff and Defendant, a police officer arrived and took the statement of Alpha, who witnessed the incident. Defendant’s attorney sought to have the police officer testify that Alpha stated that Plaintiff had been speeding before the crash. The judge should rule the testimony: