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  "full_text": "Case 1:20-cr-00330-PAE Document 465 Filed 11/15/21 Page 99 of 127 99 LB1TMAX3 hasn't happened yet. What you're making are cross points. Ms. Moe, obviously you're dealing with a time question, and it sounds like one of the primary investigators or law enforcement who engaged in the search is deceased. So what's the proffer to the Court as to what specifically the government will do to authenticate these items? MS. MOE: Yes, your Honor. On this score, I would note there is a difference, certainly, between authentication and chain of custody. With respect to authentication, law enforcement witnesses who personally participated in the search will describe what they observed in the search and how they -- THE COURT: The government's proffer to the Court is that even though one of the law enforcement relevant here is deceased, that you have other law enforcement who have personal knowledge of these items being found where they were and seized when they were, et cetera? MS. MOE: Yes, your Honor. I additionally note that the search was video recorded, that video has been produced to the defense, and so some of these items also appear on the video walk through of that search. And so our view is that their direct testimony about their experiences in the search satisfies our obligations with respect to authenticity. THE COURT: I'm not going to prohibit this in limine, but questions remain as to the government's ability to authenticate the items, and there will be an opportunity for SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00007150",
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      "content": "hasn't happened yet. What you're making are cross points. Ms. Moe, obviously you're dealing with a time question, and it sounds like one of the primary investigators or law enforcement who engaged in the search is deceased. So what's the proffer to the Court as to what specifically the government will do to authenticate these items? MS. MOE: Yes, your Honor. On this score, I would note there is a difference, certainly, between authentication and chain of custody. With respect to authentication, law enforcement witnesses who personally participated in the search will describe what they observed in the search and how they -- THE COURT: The government's proffer to the Court is that even though one of the law enforcement relevant here is deceased, that you have other law enforcement who have personal knowledge of these items being found where they were and seized when they were, et cetera? MS. MOE: Yes, your Honor. I additionally note that the search was video recorded, that video has been produced to the defense, and so some of these items also appear on the video walk through of that search. And so our view is that their direct testimony about their experiences in the search satisfies our obligations with respect to authenticity. THE COURT: I'm not going to prohibit this in limine, but questions remain as to the government's ability to authenticate the items, and there will be an opportunity for",
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