Restaurant Fire Investigation — Hearsay and Character Evidence

A fire destroyed the kitchen of Bella's Bistro, a restaurant owned by Bella Marconi. Bella filed a civil lawsuit against her former sous-chef, Derek Holt, claiming he intentionally set the fire after she terminated his employment two weeks earlier. Bella seeks compensatory and punitive damages.

At trial, Bella's attorney seeks to introduce the following evidence:

(1) A written report by Fire Investigator Reyes, who examined the scene the day after the fire and concluded that the fire was 'consistent with the use of an accelerant.' Reyes died in an unrelated accident before trial and is unavailable to testify.

(2) Testimony from Waitress Ortiz that, on the night of the fire, she overheard a phone call in which an unidentified male voice said, 'The kitchen is going to burn tonight.' Ortiz could not identify the caller.

(3) Evidence that Derek was convicted of arson in State Y eight years ago, for which he served three years in prison.

(4) Testimony from Chef Martin, Bella's current head chef, that 'everyone at the restaurant knew Derek had a violent temper and was capable of something like this.'

(5) A text message from Derek to his friend, sent two hours before the fire, stating: 'She's going to regret firing me. I'll make sure of it tonight.'

Derek's attorney objects to each item. The court applies the Federal Rules of Evidence.