The Cocaine Connection

Charge: conspiracy to distribute a controlled substance, to wit, cocaine. At D's trial, the government calls W, an FBI agent, to testify to the contents of a piece of paper with a telephone number on it found in D's possession at the time of arrest. The agent testified that she had lost the paper and had no independent recollection of the telephone number but that she had accurately transcribed the number onto a telephone company form at the time of arrest. The court overruled D's objection on grounds of hearsay, citing Rule 803(5) (recorded recollection).

Does D have other grounds to object to W's testimony? How do Rule 803(5) and the rules governing the admissibility of writings relate?