A statement is admissible under the hearsay exception created by Federal Rule of Evidence 807 or a comparable State rule only if circumstantial evidence shows that the affected statement is as trustworthy as the statements that are made admissible by the hearsay exceptions created by Federal Rules of Evidence 803 and 804 or by comparable State rules.

United States v. Dudley, 941 F.2d 260, 264 (4th Cir. 1991) (conviction for perjury; defendant challenged the admissibility of the 'GX 4' form; conviction affirmed; held: "The fact of the matter is, however, that the records upon which the information in the 'GX 4' form was based have been destroyed...Rule 1004(1) allows the admission of secondary evidence in case of nonfraudulent loss or destruction of an "original".

Fed. R. Evid. 404(a)(1) ("In a criminal case, ... if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under Rule 404 (a)(2),....The prosecution may introduce evidence of the character or propensity of the criminal defendant if the defendant has introduced circumstantial character evidence about the victim under the exception for character of the victim of a crime; i.e., the prosecution may offer evidence of the character of the criminal defendant to show the defendant's behavior on a specific occasion if the defendant has introduced victim's character under the exception to the character rule that allows a criminal defendant to offer victim's character to show the victim's conduct on a specific occasion.

United States v. Brito, 427 F.3d 53, 61-63 (1st Cir. 2005) (upholding trial court admission of a 911 call of an anonymous woman which did not violate defendant's Sixth Amendment right to confrontation even though the....texf