Hearsay Exceptions: Statements Against Penal Interest

In this, my last post in a long series on hearsay exceptions, I’ll address the Rule 804 exception for statements against penal interest. Rule 804(b)(3) creates a hearsay exception for a “statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject him to civil or criminal liability, or to render invalid a claim by him against another, that a reasonable man in his position would not have made the statement unless he believed it to be true.” It further provides that a “statement tending to expose the declarant to criminal liability is not admissible in a criminal case unless corroborating circumstances clearly indicate the trustworthiness of the statement.” N.C. R. Evid. 804(b)(3); State v. Levan, 326 N.C. 155, 164 (1990) (noting that this requirement is designed to avoid fabrication of statements against penal interest which might exculpate a defendant). The courts have repeatedly stated that to be admitted under this exception, a statement concerning criminal liability: must be against the declarant's penal interest, and corroborating circumstances must insure the statement’s trustworthiness. See, e.g., State v. Dewberry, 166 N.C. App. 177, 181 (2004); State v. Choudhry, 206 N.C. App. 418, 422 (2010) (quoting Dewberry). The subsections below explore these requirements. Against the Declarant’s Penal Interest. By its terms, the Rule requires that the statement “so far tended to subject [the declarant] to . . . criminal liability . . . , that a reasonable man in his [...]