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.

Cf. Barefoot v. Estelle, 463 U.S. 880, 899 (1983) (although finding that evidence of defendant's dangerousness was not barred by due process, there is a negative pregnant buried in the Court's conclusion: "We are not persuaded that that such testimony is almost entirely unreliable and that the...The Due Process guarantee of a fair trial may place some limits on the use of unreliable evidence in a criminal trial to show guilt.

Davis v. Alaska, 415 U.S. 308, pin? (1974) (held, criminal defendant's constitutional right of confrontation under the circumstances overrides state statute making confidential a juvenile court's adjudication giving juvenile -- and witness against accused -- probationary status).A nonconstitutional privilege sometimes must yield to a criminal defendant's Sixth Amendment right to confront and cross-examine an adverse witness in a criminal trial. A nonconstitutional privilege privilege may have to yield to a criminal defendant's Confrontation Right when the privilege shields evidence or facts (particularly evidence or facts showing bias) that have significant probative value on the credibility of an adverse witness in a criminal trial who testifies about material facts in issue.

United States v. Davis, 181 F.3d 147, 149 (D.C. Cir. 1999) (upholding trial court's admission of officer's redacted buy report as pretrial identification because in a case with similar facts, the court "affirmed the....A pretrial identification is exempt from the prohibition against hearsay evidence if the witness who made the identification testifies and is subject to cross-examination at the trial or hearing at which the identification is offered and if the witness who made the identification did so after perceiving the person whom he or she identified.