Defendant appeals his jury conviction for murder.1 He contends the trial court erred (1) in admitting the hearsay statements of an alleged coconspirator and (2) in denying his motion for judgment of acquittal. The dispositive issue is whether the hearsay statements of the alleged coconspirator were so inherently prejudicial that they should not have been received in evidence, absent an opportunity to cross-examine the declarant.
The state’s theory at trial was that defendant was selling cocaine supplied by the victim, Foss. Foss had supplied defendant with a large quantity of cocaine on credit. Defendant’s drug sales were aborted when the cocaine and money were stolen from his car. Fearful of the potential repercussions from being unable to pay Foss, defendant hired the alleged coconspirator, Whitney, to kill Foss. Defendant stipulated that Whitney killed Foss2 and *354admitted at trial that he had spoken with Whitney about the stolen cocaine and his problem with paying Foss. However, he denied hiring Whitney to kill Foss.
The evidence showed that the killing took place near defendant’s house in Beavercreek. Whitney and his accomplice, Freer, had moved to the house with defendant one or two days earlier. On the day of the killing, Whitney went to town to purchase groceries. On his return, defendant left to make a telephone call, there being no phone at the house. Foss arrived while defendant was gone. He asked to see defendant. Whitney told him that defendant was gone and would not be back until later that evening. Foss then went into the nearby woods to urinate. As Foss returned to his car, Whitney began shooting at him. Freer, who was unloading groceries nearby, turned to see Whitney holding a gun and Foss on the ground. Whitney then fired again, and Freer joined in by firing a few shots in the direction of Foss’ body. At trial, Freer testified that he and Whitney had no advance plan to shoot Foss at the Beavercreek house, but that they had discussed the possibility of locating Foss in Portland and either scaring or shooting him there.
Shortly after the shooting, defendant returned. He talked briefly with Whitney and then left. Whitney and Freer then covered the body and loaded it into the trunk of Whitney’s car. The two spent the next day looking for a place to dispose of the body and finally dumped it in an incinerator at a Portland area dairy. Freer testified that a short time after disposing of the body, he and Whitney met defendant at a restaurant in Portland and that when Whitney told defendant that they had gotten rid of Foss’ body, defendant responded, “Good, I don’t have to worry about that anymore.” Freer left the table for a short time, then returned. As they left the restaurant, Freer noticed that Whitney had a large wad of bills, something Freer said Whitney had not possessed before. Defendant denied that this meeting took place and testified that he was bicycling that day with a friend.
After evidence concerning those events was admitted, the state moved to allow the admission of out-of-court statements allegedly made by Whitney to Freer and *355to Kerry Fouts, a woman who had been living with Whitney and Freer, under the coconspirator exception to the hearsay rule. ORS 41.900(6) (repealed effective January 1, 1982, by Oregon Laws 1981, ch 892, § 98).3 Defendant objected on the grounds that (1) Whitney’s out-of-court statements were hearsay, (2) a prima facie showing of a conspiracy had not been made and therefore the coconspirator exception to the hearsay rule could not be invoked, and (3) the admission of Whitney’s hearsay statements under ORS 41.900(6) violated his confrontation rights guaranteed by the state and federal constitutions.4
*356The trial court overruled defendant’s objection and allowed further testimony by Freer:
“Q. Did Mark talk about how he was going to kill Skip Foss?
“A. Yes, he did.
“Q. What did he say to you?
“A. Well, he threw out an idea of just going right to his front door and using his pistol at the front door or else from a distance with his rifle.
“Q. Now, after you had been at Mark’s — the defendant’s trailer at Beaver Creek for a period of time and after Skip had been shot and his body placed in the trunk of the Cadillac, I believe you said that the defendant came out right after that?
“A. That’s correct.
“Q. He and Mark I believe you said talked and you couldn’t hear what they said?
“A. That’s correct.
“Q. Did you talk to Mark later about what he had talked with Skip — with the defendant about?
“A. Yes, I did.
“Q. What did Mark tell you?
“A. He told me that he had told Curt that his man had came up there and that he was taken care of and that Curt had told him he would meet him somewhere in town later in the week. * * *
“Q. Then you got to Carrows and I believe you already described what happened there. As you were leaving Car-rows I believe you also described some money that you saw Mark Whitney take out of his pocket and put into his wallet?
“A. Yes.
“Q. Later after you saw that or any time after you saw that, did you talk with Mark about the money?
“A. Yes, I did.
“Q. What did you and he talk about?
“A. Well, he had told me that he had gotten it from Curt and his debt was all cancelled. * * *”
The trial court also permitted the state to recall Fouts as a witness. She then testified:
“Q * * * Yes. During these conversations did there come a time when Mark told you what the defendant had *357told him and what he had told the defendant, what they had talked about with respect to his man, what they were going to do if anything?
“A. Mark had told me and Kevin both that he was — that Curt was going to pay him $14,000 to have his man killed. To knock him off is how he said it.
“Q. And the $14,000 figure came from Mark?
“A. Yes it did. * * *
“Q. * * * Did you and Mark have a conversation?
“A. Yeah, we talked for a long time.
“Q. What did Mark tell you?
“A. He told me everything was a go ahead and that he had got the contract from Curt and that they were going to be real busy. And talked about how they were going to stake out Curt’s man and stuff like that. * * *”
Whitney’s statements were undoubtedly hearsay. But that finding does not end our inquiry. • It is well established that 'some hearsay may be admissible in a criminal case. See Ohio v. Roberts, 448 US 56, 100 S Ct 2531, 65 L Ed 2d 597 (1980); see also State v. Rawls, 252 Or 556, 451 P2d 127 (1969); State v. Kendrick, 239 Or 512, 398 P2d 471 (1965); State v. Reyes, 209 Or 595, 308 P2d 182 (1957). The state contends that this hearsay was admissible under ORS 41.900(6). We must, therefore, determine whether the state laid a proper foundation under ORS 41.900(6), i.e., did the state make a prima facie case of conspiracy before offering Whitney’s hearsay statements.
We agree with the trial court that a prima facie showing of defendant’s involvement in a conspiracy to kill Foss was made prior to the challenged testimony of Freer and Fouts. Much of the evidence was circumstantial, but the requisite prima facie case was shown. State v. Blackwell, 241 Or 528, 407 P2d 617 (1965); State v. Parker, 225 Or 88, 91-92, 356 P2d 88 (1960); State v. Ryan, 47 Or 338, 344, 82 P 703 (1905); State v. Curran, 38 Or App 351, 590 P2d 268, rev den 286 Or 303 (1979). Therefore, the testimony concerning the out-of-court statements of Whitney was statutorily admissible. ORS 41.900(6); see State v. Davis, 19 Or App 446, 449, 528 P2d 117 (1974); State v. Garrison, 16 Or App 588, 603, 519 P2d 1295 (1974); State v. Capitan, 8 Or App 582, 592, 494 P2d 443 (1972).
*358Defendant next contends that the admission of Whitney’s out-of-court statements violated his confrontation rights. The constitutionality of ORS 41.900(6), as applied in this criminal case, is therefore in issue.
The United States Supreme Court recently considered the relationship between the federal Confrontation Clause and the rule against hearsay in Ohio v. Roberts, supra. In Roberts, while the Supreme Court rejected the contention that all hearsay must be excluded in the face of a confrontation objection, it said:
“The historical evidence leaves little doubt, however, that the Clause was intended to exclude some hearsay. Moreover, underlying policies support the same conclusion. The Court has emphasized that the Confrontation Clause reflects a preference for face-to-face confrontation at trial, and that ‘a primary interest secured by [the clause] is the right of cross-examination.’ In short, the Clause envisions ‘a personal examination and cross-examination of the witness in which the accused has an opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief.’
“These means of testing accuracy are so important that the absence of proper confrontation at trial ‘calls into question the ultimate “integrity of the fact-finding process.” ‘ ” (Footnotes and citations omitted.) 448 US at 63-64.5
Roberts instructs that we must first determine whether it is necessary6 to use the proffered hearsay *359evidence, and, if so, whether it is “marked with such trustworthiness that ‘there is no material departure from the reason of the general rule [against hearsay].’ ” 448 US at 65; see also Dutton v. Evans, 400 US 74, 89, 91 S Ct 210, 27 L Ed 2d 213 (1970). Here, that first question must be resolved in favor of the state. The hearsay declarant was constitutionally unavailable.7
Certain hearsay exceptions rest upon such solid foundations that, assuming the unavailability of the declarant, admission of virtually any evidence falling within them comports with the substance of the constitutional right to confrontation. Ohio v. Roberts, supra, 448 US at 66. Among those exceptions are dying declarations and previously cross-examined testimony.8 The coconspirator exception, however, is not one of those exceptions. In the face of a confrontation objection, therefore, coconspirator hearsay must be excluded in a criminal case, at least absent a showing of “particularized guarantees of trustworthiness.” 448 US at 66.
We take this language from Roberts to mean that, because coconspirator hearsay does not rest upon a solid foundation of reliability, it must not only be shown to be trustworthy in the sense that any hearsay must be shown to be trustworthy, but that it must be shown to have “particularized guarantees of trustworthiness,” i.e., it must be exceptionally trustworthy. Any lesser standard would have the practical effect of equating the Confrontation Clause with the rule against hearsay, something the United States Supreme Court has specifically declined to do. Dutton v. Evans, supra, 400 US at 86; California v. Green, 399 US 149, 155-56, 90 S Ct 1930, 26 L Ed 2d 489 (1970). We therefore examine the evidence here to determine whether Whitney’s out-of-court statements meet the second test proscribed in *360Roberts, i.e., “particularized guarantees of trustworthiness” or exceptional trustworthiness.
According to the state, Whitney, a drug dealer and heavy cocaine user, agreed to help defendant out of a difficult position by killing Foss. The evidence shows, however, that it was Whitney, and his accomplices Freer and Fouts, who had put defendant in that difficult position by stealing a large quantity of cocaine and money from his car. In its brief, the state acknowledges that Whitney had two motives for encouraging defendant to contract for the murder of Foss: (1) to get paid for killing Foss, and (2) to lay blame on Foss for the theft from defendant’s car, thereby concealing his own involvement. It is just as reasonable to conclude, however, that Whitney had the same personal motives to kill Foss, absent any encouragement from defendant. Confrontation with Whitney would have allowed defendant’s attorney to explore Whitney’s personal motivation for killing Foss. The possibility that cross-examination of Whitney could have shown the jury that the statements attributed to him had not in fact been made, or, if made, were unreliable was not “wholly unreal.” Dutton v. Evans, supra, 400 US at 89. In Pointer v. Texas, 380 US 400, 404, 85 S Ct 1065, 13 L Ed 2d 923 (1965), the United States Supreme Court said:
“And probably no one, certainly no one experienced in the trial of lawsuits, would deny the value of cross-examination in exposing falsehood and bringing out the truth in the trial of a criminal case.”
Furthermore, while the right to cross-examine an adverse witness is the main and essential purpose of confrontation,9 a valuable secondary advantage which is implicit in the constitutional guarantee of trial by jury is the opportunity for the jury to weigh the demeanor of the witness.10 Here the character of Whitney is so demonstrably bad and his motives to fabricate and to have bias *361against defendant are so evident that to permit his statements to go before the jury unchallenged is tantamount to a denial of trial by jury and a denial of due process of law. 11 Confrontation with Whitney would have allowed the jury to observe his demeanor and to judge his credibility. The denial of confrontation here, where the hearsay statements of Whitney were arguably the only direct evidence of defendant’s involvement in the killing, was devastating to the defense.
The state also acknowledges in its brief that “* * * the evidence demonstrates that Whitney was not only mentally competent, his control and awareness were such that he masterminded the theft of defendant’s cocaine, engineered Foss’ murder to conceal that fact, and got paid for the killing by defendant.”
It cannot be seriously argued that the unsworn statements of an individual so described are “marked with such trustworthiness,” Ohio v. Roberts, supra, 448 US at 65, that their maker may be permitted to escape the rigors of full *362and complete cross-examination and the scrutiny of a jury when those statements in effect say, “Defendant hired me to kill Foss.” Whitney’s statements directly implicating defendant in the conspiracy to kill Foss were crucial to the state’s case against defendant. Their prejudical effect is obvious. Furthermore, the statements contained expressed assertions about past facts and consequently they carried on their face no warning to the jury against giving them undue weight. Dutton v. Evans, supra, 400 US at 88.12 Lack of cross-examination deprived the jury of a satisfactory basis for evaluating the truth of those statements. See United States v. Adams, 446 F2d 681, 683 (9th Cir), cert den 404 US 943 (1971).
In State v. Capitan, supra, the coconspirator’s out-of-court statements did not implicate the defendant and therefore “they could not be attributed to an effort ‘to shield a more guilty person from the consequences of his own act by shifting the responsibility upon another.’ State v. Aiken, 41 Or 294, 299, 69 P 683 (1902).” 8 Or App at 593 n 5. Unlike the statement in Capitan, however, Whitney’s hearsay statements directly implicated defendant in the murder. They therefore could be attributed to an effort by Whitney somehow to mitigate the consequences of his own act by shifting primary responsibility for the murder to defendant. Nor was the prejudicial effect of Whitney’s assertions rendered less devastating because defendant had ever admitted complicity in the conspiracy. See Parker v. Randolph, 442 US 62, 72-73, 99 S Ct 2132, 60 L Ed 2d 713 (1979). He had not. On the contrary, he steadfastly maintained his innocence.
The two in-court witnesses, Freer and Fouts, were equally suspect, although both testified under oath at trial and were subject to cross-examination.13 Freer, a convicted felon on probation, was Whitney’s close friend and willing *363accomplice to murder.14 A drug dealer and cocaine user, he aided Whitney and Fouts in the theft of cocaine and money from defendant’s car. He agreed to testify against defendant as part of his negotiated plea to conspiracy to murder Foss, a Class A felony. ORS 161.450. When he testified against defendant, Freer was awaiting sentencing in Clackamas County on his plea and in Multnomah County for probation violation. He subsequently was placed on probation in connection with his involvement in Foss’ Murder.
Fouts also was a convicted felon on probation. A cocaine user, she was an accomplice of Whitney and Freer in the theft from defendant’s car. Additionally, she was Whitney’s girlfriend. She became frightened after the theft from defendant’s car and confided to a girlfriend about the theft. The girlfriend reported this to Whitney. He became upset, choked Fouts, and forced her to move from the house they were sharing. Fouts testified that Whitney told her defendant “was going to pay [Whitney] $14,000 to have [Foss] killed.” That is a strange statement in view of the state’s contention that defendant had contracted to have Whitney kill Foss because defendant was unable to pay Foss. If defendant could pay Whitney $14,000 to kill Foss, why could not defendant use the same $14,000 to pay Foss? There also was evidence that defendant owned substantial equities in real properties. Why could he not have used those resources to pay Foss? Those are questions defendant’s attorney undoubtedly would have asked Whitney had Whitney been available for cross-examination. Because he *364was not, the jury had no basis upon which to evaluate the truth of Whitney’s alleged statement. Because the testimony of Freer and Fouts concerning Whitney’s assertions against defendant showed only that Whitney made the statements, cross-examination of them as to the genuineness of those statements was no satisfactory substitute for cross-examination of Whitney to test the truth of the statements themselves. See Douglas v. Alabama, 380 US 415, 419-20, 85 S Ct 1074, 13 L Ed 2d 934 (1965).
The dissent relies upon State v. Garrison, 16 Or App 588, 519 P2d 1295 (1974), and State v. Keller, 143 Or 589, 21 P2d 807 (1933). We do not find those cases persuasive because they did not involve an objection to the admission of evidence based upon the Confrontation Clause. Both cases apply well-recognized principles to a traditional hearsay objection. We have done the same here, finding that, while Whitney’s hearsay statements were admissible under the coconspirator exception to the rule against hearsay, they were not admissible in the face of defendant’s confrontation objection.
Recognizing (1) the Confrontation Clause’s preference for face-to-face confrontation at trial where the witness is subject to cross-examination and the trier of fact is afforded an opportunity to see and hear the witness testify, (2) that the testimony of an accomplice ought to be viewed with distrust, and the oral admissions of a party ought to be viewed with caution, ORS 17.250(4), (3) the crucial importance of Whitney’s statements to the state’s case and their devastating effect on the defense, (4) the character and circumstances of the out-of-court declarant Whitney, whose character, independent personal motives and bias could have been explored during cross-examination, (5) the fact that Whitney’s hearsay statements arguably constitute the only direct evidence of defendant’s complicity in the conspiracy, (6) that the possibility that cross-examination of Whitney could have shown the jury that the statements attributed to him had not in fact been made, or, if made, were unreliable was not “wholly unreal,” (7) that Whitney’s statements contained expressed assertions about past facts and consequently carried on their face no warning to the *365jury against giving them undue weight, (8) that defendant could not subpoena Whitney as a witness, and (9) the character and circumstances of the in-court witnesses Freer and Fouts, we conclude that Whitney’s out-of-court statements lacked “particularized guarantees of trustworthiness,” Ohio v. Roberts, supra, and that they were so inherently prejudicial that they should not have been received in evidence in the face of defendant’s confrontation objection. We hold that the denial of defendant’s right to cross-examine Whitney to attempt to demonstrate in the presence of the jury his lack of credibility, ORS 44.370,15 and his bias, Davis v. Alaska, 415 US 308, 94 S Ct 1105, 39 L Ed 2d 347 (1974), violated defendant’s confrontation rights under the state and federal constitutions.16 The trial court, therefore, committed reversible error when it allowed that evidence to be heard by the jury.
Because we remand this case for a new trial, it is appropriate to discuss one other issue raised by defendant on appeal: whether the coconspirator exception to the hearsay rule is applicable when he was not charged with a conspiracy. He argues that the state’s case against him was really one for conspiracy and he should have been charged with conspiracy. Instead, he was charged with murder. He acknowledges that the state was not required to charge conspiracy to commit murder. State v. Gardner, 225 Or 376, 383-85, 358 P2d 557 (1961); State v. Weitzel, 157 Or 334, 60 P2d 958 (1937); State v. Johnston, 143 Or 395, 22 P2d 879 (1933). However, he contends that when, as here, the evidence shows a conspiracy, a defendant should be charged *366under the specific conspiracy statute, ORS 161.450, a Class A felony, rather than with murder, which carries a mandatory life sentence. We disagree. ORS 161.48517 is a grant of authority to the state. It permits, but does not require, the state to include multiple counts charging both substantive and inchoate offenses. Defendant was properly charged with murder.18
Reversed and remanded for a new trial.