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we're not offering any of this for the truth of the matter asserted. So 87 pages of police reports, a hundred pages or however many there are of trash, you know, witness transcripts,
no, no, no, no, none of that is being offered for the truth of
the matter asserted, we want to offer it to show Ms. Maxwell's
state of mind when she issued her statement through Mr. Barden
and Mr. Gow. So the huge problem with that, your Honor, which
Ww '
ve already dealt with, is, Ms. Maxwell has no knowledge of what's in these police reports, the trash pulls, any of these things, and so as a matter of law, this can't be part of her state of mind.
What is instructive on this point, your Honor, I went and read every single case that plaintiff's counsel cited for this proposition that it is state of mind, and what's great
about these cases, frankly, every single one of them, whoever
the statement is being introduced on behalf of, or against,
knows about the statement. So when you look at their papers,
they cite United States v. Gotti for the proposition that it goes to state of mind. Well, you know who Mr. Gotti is, and
Mr. Gotti was charged with witness tampering. Mr. Gotti wanted
to introduce some wiretapped statements that the FBI had, where
he was talking to an informant and telling the informant things
that Gotti said went to his state of mind. Well, the Second
Circuit said, yes, you can do that, Mr. Gotti, first of all,
because the government's introducing part of these transcripts,
SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
HOUSE_OVERSIGHT_011416