This section contains the nature of the case and procedural background.

Jerry and Norberto Cruz were brothers. Eulogio (D) and Benjamin (D) Cruz were also brothers. Jerry Cruz was murdered. Following Jerry's murder, police talked to his brother Noberto about the killing. Noberto eventually informed the police of Eulogio Cruz (D) and his suspicious behavior one night. Noberto claimed that D told him of D's plan to rob a gas station and how it went bad when the attendant struggled, shot D in the arm and his accomplice, D's brother, Benjamin, killed the attendant. Police questioned Benjamin (D), about the killing of Jerry Cruz and he denied any connection, but in his frustration, he admitted to the killing of the gas station attendant. Benjamin (D) confessed to the police that he, Eulogio (D), and Jerry had robbed a gas station and then killed the attendant after he shot D. Ds were indicted for felony murder. They were tried jointly. D objected. At trial, the court admitted the videotaped confession by Benjamin (D). The rationale for admitting this testimony was that Norberto had testified as to admissions by Eulogio (D) regarding his participation. The trial judge allowed the prosecution to introduce the taped confession of Benjamin with a warning. The government also called Noberto and introduced police and forensic evidence all of which corroborated Benjamin's taped confession and Noberto's account of the story as well. At the end of the trial, the only evidence linking D to the crime was the testimony of Noberto. D's attorney tried to persuade the jury that Noberto was merely seeking revenge against D as he suspected that D had killed his brother. Both Benjamin and D were convicted. D appealed.

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