State v. Nava, 311 P.3d 83

Masovero murder occurred May 2001 in a Yakima parking lot; Nava fled the country and was not tried until eight years later.
State introduced four 2001 tape-recorded statements as recorded recollections from Orozco, Olivas, Perez, and Lopez; three witnesses disavowed accuracy at trial.
ER 803(a)(5) requires four-part foundation; Alvarado allows fourth element to be satisfied without an explicit trial avowal of accuracy.
Trial court admitted the recordings after evaluating credibility, process reliability, and other evidence suggesting accuracy, with defense cross-examining for weight.
The court found substantial evidence of reliability despite disavowals and did not abuse its discretion; convictions upheld, sentence later reversed on unpublished issues; remanded for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of recorded recollections improper?	Nava contends disavowals negate accuracy, blocking admissibility.	State argues independent reliability and corroboration justify admission despite disavowals.	Admissible under ER 803(a)(5); not an abuse of discretion.

State v. Benn, 120 Wn.2d 631 (1993) (foundation of evidence; preponderance standard for preliminary questions)
State v. Mathes, 47 Wn. App. 863 (1987) (four elements for recorded recollection foundation)
State v. Alvarado, 89 Wn. App. 543 (1998) (fourth element may be satisfied without witness’s direct accuracy at trial)
Porter, 986 F.2d 1014 (6th Cir. 1993) (imported rationale for reliability beyond witness’s own assertion)
State v. Derouin, 116 Wn. App. 38 (2003) (disavowals; weight of other evidence can sustain admissibility)
State v. Floreck, 111 Wn. App. 135 (2002) (distinguishes Alvarado where admissibility may be improper)