- 82 - because petitioner cited that article in his trial memorandum and furnished a copy to respondent approximately two weeks prior to the trial of these cases. Even assuming arguendo that petitioner were to satisfy the third and fifth conditions (set forth above) which are imposed by rule 803(24) of the Federal Rules of Evi- dence and to which petitioner's argument is addressed, he has not attempted to show that the other conditions for admissibility of the newspaper article that are imposed by rule 803(24) of the Federal Rules of Evidence are satisfied. For example, we are not persuaded that the newspaper article possesses circumstantial guarantees of trustworthiness equivalent to other classes of hearsay governed by rule 803 of the Federal Rules of Evidence. The statement in that article concerning "back-to-back loan structures" seems to be nothing more than a repetition of what the declarant in the newspaper article was told by Price Waterhouse, which clearly is hearsay, and the mere fact of its publication in a newspaper is not in itself suffi- cient to establish its trustworthiness. Cf. Meschino v. North American Drager, Inc., 841 F.2d 429, 434 (1st Cir. 1988). Be- cause we find that the newspaper article does not possess cir- cumstantial guarantees of trustworthiness equivalent to other classes of admissible hearsay, we need not consider the other requirements of rule 803(24) of the Federal Rules of Evidence. 55(...continued) not allow because of potential prejudice to respondent.Page: Previous 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Next
Last modified: May 25, 2011