context: We note that two of the primary cases Polite cites in support of its position dictate that whether the witness repudiates the statement or disavows its accuracy is important, if not critical, to its admittance.
citation_a.signal: see also
citation_a.parenthetical: stating that when examining the totality of circumstances, the court should look at four indications of reliability, the first being whether the witness disavows accuracy
citation_a.sentence: See Pickett v. United States, 822 A.2d 404, 406 (D.C.2003) (stating that the court should adhere to the rule that the witness must confirm the accuracy of the recorded statement, but interpreting this to mean that unless the witness expressly repudiated the statement at trial, the trial judge “may consider all of the circumstances in finding the requisite confirmation, including the demeanor of the witness in court .... ”); see also State v. Alvarado, 89 Wash.App. 548, 949 P.2d 831, 835-36 (1998) (stating that when examining the totality of circumstances, the court should look at four indications of reliability, the first being whether the witness disavows accuracy).
citation_b.signal: see
citation_b.identifier: 822 A.2d 404, 406
citation_b.parenthetical: stating that the court should adhere to the rule that the witness must confirm the accuracy of the recorded statement, but interpreting this to mean that unless the witness expressly repudiated the statement at trial, the trial judge "may consider all of the circumstances in finding the requisite confirmation, including the demeanor of the witness in court .... "
citation_b.sentence: See Pickett v. United States, 822 A.2d 404, 406 (D.C.2003) (stating that the court should adhere to the rule that the witness must confirm the accuracy of the recorded statement, but interpreting this to mean that unless the witness expressly repudiated the statement at trial, the trial judge “may consider all of the circumstances in finding the requisite confirmation, including the demeanor of the witness in court .... ”); see also State v. Alvarado, 89 Wash.App. 548, 949 P.2d 831, 835-36 (1998) (stating that when examining the totality of circumstances, the court should look at four indications of reliability, the first being whether the witness disavows accuracy).