Despite the provision in Rule 804(b)(1) that allows for cross-
examination by the opposing party, it is not possible to offer this opportunity in Tiffany's case as she is currently on vacation out of town. It poses a challenge to cross-examine Tiffany when she is not physically present, especially considering she was not even subpoenaed.
Tiffany won't have to undergo cross-examination or be subpoenaed as she was cooperative and had already given testimony under oath. The Prosecution investigated and found that Doug's actions were consistent with Tiffany's testimony during the preliminary hearing.
Tiffany's statement can be considered valid in court as it falls under the exception of hearsay evidence during preliminary hearings, which is a pre-trial appearance. Additionally, her statement is admissible under the hearsay exception declarant unavailable Rule 804(b)(1) as she gave her testimony as a witness at a trial, hearing, or lawful deposition, whether it
was presented during the current proceeding or a different one.
