District Court, D. Massachusetts June 1, 2009, Civil Action 08-10697-RGS (Santiago v. McEachern)

ORDER ON MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

STEARNS, District Judge.

I fully agree with Magistrate Judge Collings’s conclusion in his Report that a statement that is not hearsay — that is, one not offered for its truth — cannot by definition be testimonial and therefore fall within the strictures of

Crawford v. Washington,

541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004).