HOUSE_OVERSIGHT_011329

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26 H3VOGIU1

Turning next to plaintiff's motion in limine number 11. This is a related issue. We ask that the Court exclude characterizations of Ms. Giuffre's bad behavior during her

childhood, including characterizations of her as a bad child or

a runaway. Defendant's response to this tries to conflate two separate things; prior bad acts, an assault on her character on one hand, with a reputation for truthfulness of another.

Prior bad acts she may have committed as a child, like

running away, is inadmissible and a defamation action where the

damages relate to her reputation. That she ran away from home or was an ill-behaved child does not go to truthfulness.

These events also do not go to her reputation. Her reputation for truthfulness as an adult prior to the defamation

is the only reputation that's at issue in this case.

Defendant's defamatory statements damaged Ms. Giuffre's

reputation when she was in her 30s. This does not open the

door into evidence of Ms. Giuffre's generalized character,

particularly one from a troubled childhood. Occurrences, such

as running away from her home when she was a child, are simply

prior bad acts under Rule 404 that should be excluded. They

should also b xcluded under Rule 405 because this is

introduction of evidence to try to show her character. And Rule 608(a) also limits evidence and testimony about a witness' reputation for having a character for truthfulness or

untruthfulness, it doesn't come in under that rule.

SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

HOUSE_OVERSIGHT_011329