Q: Can a un indicted accomplice who didn't see the actual crime be exempt by the hearsay exemption rule?
A:
Need more facts to answer this question. The hearsay evidentiary rule excludes out of court statements that are offered to prove the truth of whatever it asserts. If the un-indicted accomplice is available to testify, then he/she can testify, to an extent and subject to many evidentiary objections, to anything relevant to the indicted crime and that he/she has personal knowledge of, without ever constituting impermissible hearsay.
Further, there is usually relevant testimonial evidence from an accomplice witness regardless if that person actually saw the crime. For example, to prove motive, intent, plan, preparation, etc. The evidentiary rules are complicated. Your best bet is to hire an experienced attorney if you have been indicted for a crime.
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