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Defendant is charged in federal court with assaulting a security guard outside a concert hall. The guard died before trial from unrelated causes. Defendant had no prior chance to cross-examine the guard.
The prosecution offers three items. First, a 911 recording made during the fight in which the guard shouted, "The man in the red jacket is stabbing me near Gate 4." Second, a signed police statement taken two hours later at the hospital after the scene was secure, in which the guard identified Defendant by name and described the attack. Third, a lab packet showing that blood on Defendant's jacket matched the guard; the packet includes raw machine data and a signed analyst certification stating, "The DNA profile on the jacket matches the guard."
How should the court analyze the items? Discuss hearsay, testimonial statements, the Confrontation Clause, machine data, and possible ways to admit admissible portions.