- We disagree.
Requirement of authentication
Authentication is satisfied by evidence sufficient to support a
finding that the matter is what its proponent claims.
The Finding may be based on circumstantial evidence
Includes: appearance, contents, substance and other distinctive
characteristics of the writing. 901(b)(4).
- In this case
The letter was addressed to Logarusic and postmarked Asuncion,
Paraguay, where Baresic resided.
It began with the salutation "Dear Vinko" and ended "your Miro
Baresic . . . your Miro Toni."
"Toni Saric" was the alias Baresic
"Toni Saric" was the alias Baresic had used in gaining entry
into the United States.
The letter referred to "our people in Chicago," where four of
the defendants lived, and it asked Logarusic to contact "Crni,"
which the proof showed was Ljubas's sobriquet among his
Letter reference friend
It also contained references to "Mercedes," a friend of
Logarusic who testified on his behalf and admitted knowing
Baresic, and to "the Razov family," Logarusic's landlord.
Fact confirmed by testimony that Baresic was a fugitive
Finally, the letter stated that "the Swedes, Americans, and
Yugoslavs are requesting expulsion because I am a terrorist and
dangerous," a fact confirmed by testimony that Baresic was a
fugitive from Sweden where he was sought for the murder of the
The letter was from Miro Baresic to Vinko Logarusic
In sum, as Chief Judge Motley found, there was ample
demonstration "that the letter was in fact what the Government
claimed, i.e., a letter from Miro Baresic to Vinko Logarusic."