Akаmu, аn оpiоid drug deаler, was shоt. Akamu accused Hector of shooting him. However, there was insufficient evidence to prosecute Hector. Three months later, Akamu was shot again. As he was being wheeled into surgery, a police lieutenant told Akamu: “You may not live. You should tell me who shot you.” Akamu calmly replied: “Same as last time, Hector.” Akamu lapsed into a coma after surgery and died two months later of an infection. The government now decides to prosecute Hector for Akamu’s death. At Hector’s murder trial, the government seeks to introduce Akamu’s statement to the police lieutenant. Defense counsel objects. What is the defendant’s strongest basis to exclude the evidence?