Citation. United States v. Rhodes, 779 F.2d 1019, 19 Fed. R. Evid. Serv. (Callaghan) 1243 (4th Cir. N.C. Dec. 26, 1985)
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Brief Fact Summary.
Master Sergeant Roy A. Rhodes (“Mr. Rhodes”) was tried for having conspired to commit espionage against the United States.
Synopsis of Rule of Law.
No rule given.
Facts.
Mr. Rhodes was tried by General Court Martial for having conspired with certain named and unnamed persons to violate the espionage laws of the United States. Specifically, communicating information about the national defense to two agents of the Union of Soviet Socialist Republics. It was alleged that one of the two Union of Soviet Socialist Republics’ agent sent “hard” film about Mr. Rhodes to the other agent. The agent that received the “hard” film, then made “soft” film of it, and hid it in his home in New York. The Federal Bureau of Investigation (“FBI”) recovered the “soft” film and offered it against Mr. Rhodes during his trial, over his objection that it was hearsay. The message stated that Mr. Rhodes was recruited into the Union of Soviet Socialist Republics’ service and he agreed to cooperate with them in the United States or any other country.
Issue.
Whether the message introduced into evidence was hearsay?
Held.
The authors of the textbook do not answer this question and ask whether the student thinks it is hearsay.
Discussion.
This case offers students an interesting opportunity to apply the hearsay rules they have learned from previous materials.
