10
id.
12
13
14
L5
16
ne)
18
life)
20
21
22
23
24
25
133 H3vlgiu2
our witness list is AH, who is in the report and she testified in this case.
THE COURT: Well, that's a different issue. And you
said you're going to present her.
MS. McCAWLEY: Yes.
=
THE COURT: Well, all right. That's a different
question. But in other words, you could show her the report and ask her if she's aware of these reports. I assume what her answer is going to be. And that's the end of it.
MS. McCAWLEY: Well, your Honor, I mean, obviously
we'd like to enter the reports under the business record
exception through Recarey and through the residual hearsay --
THE COURT: But even if you do that, I don't see how
you avoid eliminating the hearsay. Well, okay. All right. MR. PAGLIUCA: Your Honor, could I have one final
comment on this. If they're not being offered for the truth of
the matter asserted, they're really not relevant to this case
is my final point, because if they're not being offered for the
truth of the matter asserted, at best it's a neutral as to
whether these things did or didn't happen. If they didn't
happen, they would certainly be supportive of Ms. Maxwell's
state of mind if she knew about them. If they're not being
offered for the truth of the matter --
=
THE COURT: Well, it might be material that she knew
SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
HOUSE_OVERSIGHT_011436