United States v. Christopher Clarke

OPINION

WILKINSON, Circuit Judge:

This case presents the question of whether prior testimony, inadmissible under Fed. R.Evid. 804(b)(1), nonetheless can be admitted under 804(b)(5) if it has equivalent guarantees of trustworthiness. We hold that it can, and accordingly affirm the judgment of the district court.

I

At the time of the relevant events, Christopher Clarke and Jane Latimer lived in Nor-walk, Connecticut. Michael Clarke, brother of the appellant, lived in Durham, North Carolina. In early 1992, Latimer made several trips to Durham, transporting a toolbox between the brothers. On April 6,…