In Russ v. Titus Hosp. Dist., 128 S.W.3d 332, 339 (Tex. App.--Texarkana 2004, pets. denied 2 pets.) the Court held that the "evidentiary nature of the statements was obvious, particularly after the attorney had offered to take the witness stand," and concluded "the failure of either defense counsel to object waived the requirement that the statement be made under oath." Russ, 128 S.W.3d at 338.