[Copyrighted Material Omitted] MEMORANDUM & ORDER ADMISSION OF STATEMENTS OF MURDER VICTIM JACK B. WEINSTEIN, Senior District Judge. I. Introduction As part of a RICO prosecution, defendant is charged with conspiring to murder and murdering Albert Gelb, who was shot and killed on March 11, 1976, more than thirty years ago. The government offered statements made by Gelb prior to his death through: (1) testimony by two friends of Gelb who heard what he said outside of court; and (2) Gelb's testimony