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Question

Case 8.2
Mayberry Police receive a 911 call in which an argument, with a woman screaming, can be heard in the background. What sounds like a violent struggle with breaking glass and a male voice screaming "no more cheating for you bitch" can be heard as the 911 dispatcher tries to get a response. The dispatcher relays this information to the patrol units dispatched to 123 Main Street.
When police arrive on scene they find the door is locked but can see a female victim lying on the floor amidst broken furniture. Police force entry and find the victim lifeless. They also find a trail of blood leading to the back door. According to neighbors, the victim, Shannon Mathews, was recently separated from her husband and had only moved in a few months prior. The next door neighbor, Mary Hart, reports that she had witnessed a few heated arguments between the victim and her estranged husband in the driveway over the past few months. In fact after the last incident a week prior, the victim had asked Mrs. Hart to call the police if she saw her estranged husband at the house as she was in fear of him.
A check of police dispatch records revealed two prior 911 calls from Mrs. Mathews about threats from Matt Mathews. Also in the system was an active domestic violence order of protection for the victim, baring contact from Matt Mathews.
Matt Mathews is pulled over for speeding and is arrested for DWI by police in the adjacent town of Mount Pilot five minutes after the call to 123 Main. Mr. Mathews has fresh injuries including scratches on his face and is highly agitated. While the officers are trying to conduct field sobriety tests, Matthews repeatedly mumbles "the bitch deserved it." The motor vehicle stop and arrest are recorded on the police dash camera. Due to the active restraining order in the police data base, the accused's fresh injuries and his statements, Mount Pilot Police contact Mayberry Police to conduct a welfare check on Mrs. Mathews. They are advised of the active murder investigation and asked to hold Mr. Mathews.

The medical examiner conducts an autopsy as well as forensic testing that reveals DNA evidence and blood other the victim's on her clothing. During the investigation police find multiple threatening phone messages and texts from Matt Mathews on Mrs. Mathews' cell phone. Police subpoena Mr. Mathews' phone records as well. Mr. Mathews is ultimately charged with the murder of his estranged wife Shannon.
The defense also attempts to block the testimony of Mount Pilot police regarding Mr. Mathews utterances during the recorded field sobriety test. Is this testimony hearsay?
a. Yes, because it is offered as evidence of the truth of the matter asserted
b. Yes, because the testimony violates the Confrontation Clause
c. No, because it is an excited utterance
d. No, because the officer is available for cross-examination

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