HOUSE_OVERSIGHT_011430

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come into evidence because they have been validated by an employee who works at the home and are things that should be able to be utilized at trial, and Maxwell should be able to be

shown those and explain whether or not there is some issue with

respect to those statements.

So your Honor, that's all evidence that we do want to

enter at the trial, and certainly we have done our diligence

with respect to the police report to make sure that we do have

Detective Recarey's testimony on it. I submit if you review

that, you will see the reason why that it should come into

evidence. But regardless of the hearsay issue and the business

records exception, again, as you said in your June 20th

order, the point of defendant's knowledge at the time she mad

a defamatory statement is very significant in this case, so if

she knew ven if she didn't believe my client, if she knew that there had been a number of other under-age minors that were abused in this circumstance, to call my client a liar in

the face of all that knowledge is something the jury should be

able to consider. So that is a piece that is important and

relevant to this case. And you can always give a cautionary

instruction. If you're concerned at any level, as you know,

you could add a cautionary instruction with respect to the

police report. But we should be entitled to ask her questions

on the stand when she's under oath about what she knew with

respect to this very significant document.

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

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