Evidence: End run around hearsay rule fails under Rule 602, because witness who testifies to his understanding after an out-of-court interview lacks personal knowledge.

State v. Porter, 2014 VT 89 (01-Aug-2014)

CRAWFORD, J. Defendant Harold D. Porter, Jr. appeals from his conviction for attempted kidnapping. He argues that the trial court erred in admitting the testimony of police officers that they had ruled out other suspects based on interviews with out-of-court declarants; We reverse and remand.

Because the truck was relatively unique, police investigators working with the Department of Motor Vehicles were able to identify approximately twenty vehicles registered in Vermont which matched the make and color of the truck seen on camera. Ten vehicle owners testified at trial for the purpose of eliminating their truck or trucks from identification. The police interviewed five other owners prior to trial. These owners did not testify at trial. Instead, the investigating officers testified that based on the out-of-court interviews with the owners, the officers were able to eliminate those remaining trucks from the identification process. In the absence of evidence that the statements were based on personal knowledge, the requirement of Rule 602 was not met and the testimony of the officers should have been excluded.