HOUSE_OVERSIGHT_011432

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is all about. There is trustworthiness when someone, you

know -- if it was a billing record of mine, that's a different

story. But the business record exception, 803(6), everyone in

the chain of the hearsay link has to be under a business duty

to report. So there are cases where officers are allowed to

testify about things that they wrote in their report because

they observed them or another officer told them or it was a

test that maybe happened within the police department. But

what they're not allowed to talk about, under a business record

exception, are witness statements. And that's what

Ms. McCawley wants to try to introduce to the jury in this

case -- 87 pages of witness statements from people who we don't

know who they are and there's no evidence that they had any association with Ms. Maxwell.

Let me finish with this state of mind issue.

TH]

COURT: But before you do, why isn't it an 803 (6) exception? MR. PAGLIUCA: It could be, your Honor. So 803 (6). —-

lial

COURT: Okay. So what you're saying is, yes, the

reports could get in, but not the hearsay part.

MR. PAGLIUCA: Exactly. That's exactly right.

ir]

COURT: Well, okay. Of course what the plaintiff

would say to that is, okay, fine.

MR. PAGLIUCA: Well, then you're redacting

90 percent --

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

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