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73. Which of the following is correct regarding the ledger's admissibility under the business records exception to the hearsay rule?
A defendant is on trial for conspiracy to distribute drugs. The prosecutor wishes to introduce into evidence a ledger found at the defendant's home during the execution of a search warrant. The ledger includes detailed information regarding the defendant's purchases and sales of drugs over a two-year period. The prosecutor is considering two alternative ways to lay the foundation for admission of the ledger as a business record. The first alternative is to call the police officer who executed the search warrant to testify that she found the ledger in the defendant's home. The second alternative is to call a codefendant, who has pled guilty, to testify that he was the defendant's drug supplier for over two years and that he was present when the defendant used the ledger to record their transactions as well as transactions with other buyers and sellers as they occurred.
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A is incorrect. The officer does not have the requisite knowledge to lay the foundation to admit the ledger through the business records exception.
C is incorrect. An official «records custodian» is not required to testify. Under Federal Rule of Evidence 803(6), the foundation for the business records exception can be satisfied by testimony of any person with the requisite knowledge of record-keeping and the foundational elements.
D is incorrect. Illegal activity can be considered a regularly conducted activity for purposes of the business records exception. Furthermore, the regularly maintained records of a criminal enterprise may be admitted through the business records exception when all foundational requirements are demonstrated.