Hearing defendant’s voice in court is sufficient basis for identifying defendant’s voice on tape and admitting tape as evidence

EVIDENCE United States v. Zepeda-Lopez, No. 05-4246, ___ F.3d ___ (10th Cir. Mar. 2, 2007)(Utah). Appeal of conviction for conspiracy to distribute methamphetamine in violation of 21 U.S.C. § 846. HELD: District court did not abuse its discretion in admitting audio tapes of defendant’s telephone conversations as evidence. Identification of defendant’s voice on tape by agent who heard defendant speak in court before trial was sufficient to meet foundational requirements for admissibility under Rule 901(a) of the Federal Rules of Evidence despite fact that recorded conversation was in Spanish and agent did not speak Spanish. Read the opinion here.