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Thank you, your Honor.

MR. PAGLIUCA: Briefly, your Honor.

So first, we're doing a mix and match here of

different things, which I like the rules of evidence becaus

they're rules and I can read them and they say what they say.

Even if, even if, you had a gold-plated record

custodian from the Palm Beach Police Department come in here

and make all of the findings that you needed to find as a

business record exception or a government record exception, the case law is absolutely clear that second- and thirdhand hearsay

is inadmissible through police reports.

IT use this example because it's a good one, I think.

As part of my practice, I represent people accused of crimes,

and so we get discovery as part of my practice. Guess what?

That goes into my files and I keep it as a matter of course,

and it is a business record of mine because I keep it in due

course. Now that doesn't mean that it simply would get

admitted into a trial whole cloth for the truth of the matter

asserted, just because it's a business record of mine. And

why? What's the answer? Because the statements that are

included in the police report, or the discovery that I get,

that I put in my file and I keep very carefully as a business

record, don't magically become nonhearsay, because the peopl

who are making those statements are not under any business duty

to report to me. And that's what the business record exception

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

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