DOJ-OGR-00018943.json 4.1 KB

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  4. "document_number": "755",
  5. "date": "08/10/22",
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  10. "full_text": "Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 81 of 262 1786 LC8Cmax3 Hesse - direct transfer. Although there were certain pieces of information that could be admitted, for example, someone saying a lengthy dialogue that's recorded in one of these messages shouldn't be admitted for the truth of the matter asserted because, first of all, there is no business trustworthiness foundation for it. Typically, when you're recording hearsay, in order for it to be admissible, there needs to be some sort of business duty to record and trustworthiness of the information. This issue is similar. Issues that come up with hospital records, for example, or police records, for example. Just because a police officer, in the ordinary course of a police officer's business being a police officer, takes a statement from someone doesn't make the statement itself admissible for the truth of the matter in the statement because there is no verification of the accuracy and it just becomes part of a record that, down the road, no one should be able to say, here, I'm introducing this entire statement about what happened for the truth of the matter asserted. So, it is similar to that and I think it is -- THE COURT: I think in those cases, at the least, it comes in for the limited purpose that a statement was taken from so-and-so on a particular date and time. MR. PAGLIUCA: Sure. And so that's a limiting factor on the truth of the matter asserted in the statement. In my experience, typically, the hearsay portions of those kinds of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00018943",
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  14. "content": "Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 81 of 262 1786 LC8Cmax3 Hesse - direct",
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  19. "content": "transfer. Although there were certain pieces of information that could be admitted, for example, someone saying a lengthy dialogue that's recorded in one of these messages shouldn't be admitted for the truth of the matter asserted because, first of all, there is no business trustworthiness foundation for it. Typically, when you're recording hearsay, in order for it to be admissible, there needs to be some sort of business duty to record and trustworthiness of the information. This issue is similar. Issues that come up with hospital records, for example, or police records, for example. Just because a police officer, in the ordinary course of a police officer's business being a police officer, takes a statement from someone doesn't make the statement itself admissible for the truth of the matter in the statement because there is no verification of the accuracy and it just becomes part of a record that, down the road, no one should be able to say, here, I'm introducing this entire statement about what happened for the truth of the matter asserted. So, it is similar to that and I think it is -- THE COURT: I think in those cases, at the least, it comes in for the limited purpose that a statement was taken from so-and-so on a particular date and time. MR. PAGLIUCA: Sure. And so that's a limiting factor on the truth of the matter asserted in the statement. In my experience, typically, the hearsay portions of those kinds of",
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  35. "MR. PAGLIUCA"
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  38. "SOUTHERN DISTRICT REPORTERS, P.C."
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  41. "dates": [
  42. "08/10/22"
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  47. "DOJ-OGR-00018943"
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