Question

Case 7.2
Brenda Lee is found murdered on the rear porch of her sorority house after having a heated argument with her boyfriend, Britt Reid, earlier in the evening. The women in the sorority house claim not to have any knowledge of the murder. The medical examiner conducts an autopsy and forensic testing reveals DNA evidence and blood other than the victim's on her clothing. Joe Carbone, a member of a fraternity two houses away, comes forward two days later and provides a statement that one of the sorority sisters, Shirley Temple, told Joe that she saw Britt Reid kill the victim. Bernie is ultimately charged with the murder of Brenda Lee.

At trial the medical examiner presents photographs of the victim's injuries and blood soaked shirt. The medical examiner further testifies that blood and DNA samples found on the victim were matched to Mr. Reid. Is this testimony hearsay?
a. No, the medical examiner personally performed the tests and is available for cross-examination.
b. Yes, because the testimony violates the Confrontation Clause of the Sixth amendment.
c. Yes, because it requires the fact finder to draw inferences as to the defendants' intent.
d. No, because the testimony of medical examiners and other expert witnesses is specifically excluded from the hearsay rule.

Answer

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