Brief Fact Summary
John Foster, a correctional counselor at the federal prison in Lompoc, California, was attacked and brutally beaten with a metal pipe. As a result of his injuries, his memory was severely impaired. An FBI agent twice interviewed Foster while Foster was in the hospital. Foster was unable to remember his attacker's name during the first interview, but identified Owens as the attacker in the second interview. He later lost his recollection of the attack, but remembered identifying Owens as the attacker in the hospital. Owens was sentenced to 20 years' improsonment. The Ninth Circuit reversed the judgment of the District Court based on the Confrontation Clause and Rule 802 of the Federal Rules of Evidence.

Rule of Law and Holding
Federal Rule of Evidence 801(d) "Statements which are not hearsay. A statement is not hearsay if-- (1) Prior statement by witness. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is . . . (C) one of identification of a person made after perceiving the person. . ." In this case, the Court held that Federal Rule of Evidence 801(d)(1)(C) provided an exception. Although the witness could not remember the attack, the Court held that the witness was subject to cross-examination. The Court further ruled that the statement didn't violate the Confrontation Clause, as it is "sufficient that the defendant has the opportunity to bring out such matters as the witness's bias . . . and even the very fact that he has a bad memory."

Topics
The Hearsay Rule

Subtopics
Hearsay Exceptions
Prior Identification

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