THE PEOPLE v. JEFFERSON
Where police bugged jail cell and placed defendants in cell together hoping they would talk, such action was not "interrogation"; trial court did not violate defendants' Fifth Amendment or Miranda rights when it admitted tape of conversation into evidence. Where defendants declined to testify, introduction of tape did not violate their Sixth Amendment right to confront witnesses because conversation on tape, which was neither a formal statement nor one that an objective witness would reasonably have expected to be available for use in a later trial, was not "testimonial" evidence. Introduction of tape of conversation between first defendant and his aunt identifying co participant in crime as being one of three people, including second defendant, violated second defendant's Sixth Amendment confrontation right; error was harmless where tape of conversation between defendants was properly introduced and amply established second defendant's guilt.
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