Rule 1103. Third-Party Culprit Evidence

Preliminary Finding; Hearsay. Evidence that a third party committed the crimes charged against the defendant, or had the motive, intent, and opportunity to commit the crimes, is admissible provided that the evidence has substantial probative value. In making this determination, the court must make a preliminary finding that the evidence is relevant and is not too remote or speculative. If the evidence is hearsay that does not fall within any exception, the court must also find that it will not tend to prejudice or confuse the jury and that there are other substantial connecting links between the crime charged and a third party or between the crime charged and another crime that could not have been committed by the defendant.

Substantial Probative Value. Evidence has substantial probative value within this rule where it tends to connect a specific third party with the crime charged. Evidence which shows only that some person other than the defendant might have committed the crime, or which shows only that a third party had a bad character or a criminal record, does not have substantial probative value and is not admissible under this rule.

Connecting Links. Connecting links which the court may consider include the third party’s presence at or near the place of the offense at the time it was committed; the third party’s possession of an instrumentality, item, or account used in the offense; a statement of the third party admitting or indicating participation; conduct of the third party evincing consciousness of guilt under Rule 1105; the third party’s commission of another offense so similar in method that it tends to identify the third party as the offender; and an in-game record, log, or dispatch entry placing the third party at the scene or in possession.

Form of Proof. Third-party culprit evidence may be proved by any means these rules permit, including testimony, in-game records, warrant and arrest entries, dispatch and radio transmissions, captures and logs of Discord communications, and records of the electronic filing system. Each item so offered is subject to Rule 901, Rule 1108, and Rule 1109.

Procedure.

Hearsay Confession of a Third Party. A statement of a third party admitting the crime charged is admissible under Rule 804(2)(b) where the declarant is unavailable and corroborating circumstances clearly indicate the trustworthiness of the statement. Where it is not admissible under that rule, it may be admitted under this rule only upon the additional findings which Rule 1103(1) requires.

Limiting Instruction. In a trial to a jury impanelled under Rid. R. Crim. P. 24.1, the court shall on request instruct the jury upon the purpose for which third-party culprit evidence is admitted and upon the State’s burden, which is not lessened by the admission of such evidence. In a bench trial the court shall state the purpose for which it receives the evidence.

Burden Not Shifted. The admission or exclusion of evidence under this rule does not alter the State’s burden to prove every element of the offense beyond a reasonable doubt, and the defendant bears no burden to prove that a third party committed the offense.

The State’s Response. The State may offer evidence rebutting third-party culprit evidence, including evidence excluding the third party, and may cross-examine upon the ground of the defendant’s belief that the third party is responsible. The State shall not argue that the defendant’s failure to prove the third party’s guilt is evidence of the defendant’s guilt.