DOJ-OGR-00007111.json 4.4 KB

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  3. "page_number": "60",
  4. "document_number": "465",
  5. "date": "11/15/21",
  6. "document_type": "court transcript",
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  10. "full_text": "Case 1:20-cr-00330-PAE Document 465 Filed 11/15/21 Page 60 of 127\nLB15MAX2\n1 MS. MODE: Your Honor, those records would be authenticated through number of different witnesses; in part, law enforcement officer describing those exact records being seized from the residence in 2005 in their general description and format, witnesses describing the practice for maintaining those records contemporaneously and doing so in the course of their employment.\n2\n3\n4\n5\n6\n7\n8 THE COURT: Contemporaneous to what?\n9 MS. MODE: At the time the message was made.\n10 THE COURT: During the period of the conspiracy?\n11 MS. MODE: Yes, your Honor. And that testimony would include testimony about the format of these documents, where they were kept, and the practice for keeping messages along these lines. We think that is consistent with the Second Circuit's rulings on authentication being based on the particulars of a document and their formatting and their contents. So I think this would come in through a number of witnesses and, collectively, at the conclusion of that testimony, we would offer those exhibits based on that foundation.\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21 THE COURT: And I don't think I can rule on that in advance until we hear the authentication evidence being offered. What you have proffered I think -- I will hear from the defense -- but it seems like those pieces could add up to authentication.\n22\n23\n24\n25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300\nDOJ-OGR-00007111",
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  14. "content": "Case 1:20-cr-00330-PAE Document 465 Filed 11/15/21 Page 60 of 127",
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  24. "content": "1 MS. MODE: Your Honor, those records would be authenticated through number of different witnesses; in part, law enforcement officer describing those exact records being seized from the residence in 2005 in their general description and format, witnesses describing the practice for maintaining those records contemporaneously and doing so in the course of their employment.",
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  29. "content": "THE COURT: Contemporaneous to what?",
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  34. "content": "MS. MODE: At the time the message was made.",
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  39. "content": "THE COURT: During the period of the conspiracy?",
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  44. "content": "MS. MODE: Yes, your Honor. And that testimony would include testimony about the format of these documents, where they were kept, and the practice for keeping messages along these lines. We think that is consistent with the Second Circuit's rulings on authentication being based on the particulars of a document and their formatting and their contents. So I think this would come in through a number of witnesses and, collectively, at the conclusion of that testimony, we would offer those exhibits based on that foundation.",
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  49. "content": "THE COURT: And I don't think I can rule on that in advance until we hear the authentication evidence being offered. What you have proffered I think -- I will hear from the defense -- but it seems like those pieces could add up to authentication.",
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  54. "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300",
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  65. "MS. MODE"
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  68. "SOUTHERN DISTRICT REPORTERS, P.C.",
  69. "Second Circuit"
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  72. "dates": [
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  74. "2005"
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