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other boys, right? But now police reports are not allowed in at all, right? A police report where I've got the detective coming to testify about the police report that he took in his

investigation, oh, but that can't come in. And what's

interesting is, they went through all of our cases but they

failed to look at their own cases, because Smith, which is a

case that they cite in their brief on trying to get the police

reports in, a Southern District of New York case, says that

this can come in. It says, "Statements in a police report are

not inadmissible hearsay where, as here, they are not offered

for the truth of the matter asserted but for purposes of

showing whether the arresting officer had the information

giving them probable cause in that instance." So what we are

doing here, your Honor, is putting forth this police report to show whether or not Maxwell had the knowledge of that, which we

are entitled to ask her those questions at trial, your Honor,

and to utilize this police report in that regard.

So, your Honor, it comes in for two reasons. One, under the hearsay exception, which is the business records exception through Mr. Recarey's testimony, which is detailed in our briefs. He was deposed for a full day. He walked through all of these documents in his investigation, and we laid out

that, the standard in there. He testified that it was a record

kept in the regular course of his work. He testified that it

was something he had to do in accordance with that work. He

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

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