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Rule 804(b)(5) of the Federal Rules of Evidence permits the admission of a statement by an unavailable witness that does not fit within one of the specific hearsay exceptions but has 'equivalent circumstantial guarantees of trustworthiness.' Fed. R. Evid. 804(b)(5). The district court must determine that the statement goes to a material fact and is more probative of that fact than other evidence that can reasonably be found. Id. The court must determine that the interests of justice as well as the general purposes of the evidentiary rules will be served by admission of the statement. Id. An appeals court will review the district court's decision under Rule 804(b)(5) for an abuse of discretion. United States v. Snyder, 872 F.2d 1351, 1354 (7th Cir. 1989).
Grand jury testimony is admissible under the residual hearsay exception only if it meets the stringent criteria of Rule 804(b)(5). United States v. Guinan, 836 F.2d 350 (7th Cir.), cert. denied, 487 U.S. 1218, 101 L. Ed. 2d 907, 108 S. Ct. 2871 (1988); United States v. Boulahanis, 677 F.2d 586 (7th Cir.), cert. denied, 459 U.S. 1016, 74 L. Ed. 2d 509, 103 S. Ct. 375 (1982). Grand jury ...
