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Case 1:15-cv-07433-LAP Document 1331-13 Filed 01/05/24 Page 18 of 22 testimony does not fall within that exception, the question would at least be a close one. In such “near miss” situations, the residual hearsay exception provided in Federal Rule of Evidence 807 comes into play. See United States v. Valdez-Soto, 31 F.3d 1467, 1472 (9th Cir. 1994) (almost fitting another exception cuts in favor of admitting). To qualify for admission of a statement under the residual hearsay clause, four factors must apply, as explained in Rule 807: (1) the statement has equivalent circumstantial guarantees of trustworthiness; (2) it is offered as evidence of a material fact; (3) it is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts; and (4) admitting it will best serve the purposes of these rules and the interests of justice. Each of the four factors applies here. First, Mr. Rodriguez’s statements have equivalent circumstantial guarantees of trustworthiness. The “determination of equivalent trustworthiness is completely fact driven.” Brookover v. Mary Hitchcock Mem'l Hosp., 893 F.2d 411, 420 (1st Cir. 1990). Here, the facts make clear that Mr. Rodriguez’s statements were trustworthy. As someone who was inside the Palm Beach mansion, he would have had every reason to minimize any illegal activities going on there. Indeed, to the extent that he was acknowledging sexual abuse of children, Mr. Rodriguez was making a statement against penal interest because of the duty to report such abuse. It is also relevant that he gave his statements under oath and was cross-examined by Epstein’s attorney, who had a quite similar motive to Defendant’s (as explained supra). All of these facts give Mr. Rodriguez’s statements equivalent guarantees of trustworthiness. Second, Mr. Rodriguez’s statements are being offered as evidence of material facts. For example, one of the important issues in this case concerns whether Defendant was involved with child pornography or photographs of girls. Mr. Rodriguez’s testimony will explain that he saw 14