Don's car struck Phaedra, a pedestrian, at a busy intersection. Bob was a bystander at the scene of the accident. As soon as Phaedra was hit Bob blurted out, "My God, she was crossing on the green light!" Wilma was standing next to Bob at the time. She did not see the accident because she was facing the other direction, but she clearly heard Bob's exclamation. That night Bob was talking to his friend Walter. He told Walter, "You know that accident I saw this afternoon? The driver didn't run a red light. The light was yellow." Phaedra sued Don for her injuries. By the time the case came to trial, Bob had died of a heart attack. Phaedra called Wilma to the stand to testify as to Bob's statement that Phaedra was crossing on a green light. Although Don objected, Wilma's testimony was admitted as an excited utterance. Don now wishes to call Walter to the stand to testify as to Bob's statement that Don did not run a red light. Phaedra objects. Should Walter's testimony be admitted?
A. Yes, but only to challenge the credibility of Bob's earlier inconsistent statement.
B. Yes, both for impeachment purposes and as substantive evidence.
C. No, because Bob is not available to explain or deny the statement.
D. No, because it is hearsay, not within any recognized exception to the hearsay rule.
Choose A, B, C or D as your solution.
A