DOJ-OGR-00013350.jpg
588 KB
Extraction Summary
6
People
1
Organizations
0
Locations
2
Events
3
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
588 KB
Summary
This document is a court transcript from August 10, 2022, detailing a legal argument about the admissibility of evidence. Attorneys Ms. Moe and Mr. Pagliuca debate with the judge whether 'message slips,' allegedly from a victim named Carolyn, can be admitted under the business record exception to the hearsay rule. The discussion also covers the authentication of these slips, which are described as often undated, unsigned, and cryptic.
People (6)
| Name | Role | Context |
|---|---|---|
| Hesse | Subject of direct examination |
Mentioned in the header: "Hesse - direct"
|
| your Honor | Judge |
Addressed multiple times by Ms. Moe and Mr. Pagliuca, referring to the judge presiding over the case.
|
| Carolyn | Victim / Witness |
Mentioned as a victim who testified yesterday and whose name appears on messages.
|
| THE COURT | Judge |
A speaker in the transcript, presiding over the hearing.
|
| MS. MOE | Attorney |
A speaker in the transcript, arguing for the admission of evidence.
|
| MR. PAGLIUCA | Attorney |
A speaker in the transcript, raising objections to evidence.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page as the court reporting service.
|
Timeline (2 events)
Relationships (3)
Ms. Moe, an attorney, addresses the judge as 'your Honor' and presents legal arguments to the court.
Mr. Pagliuca, an attorney, addresses the judge as 'your Honor' and makes objections and arguments to the court.
The document states that messages confirm Carolyn was 'contacting the house during the relevant timeframe of the charged conspiracy.'
Key Quotes (4)
"Just so I understand the government's argument, you are offering for the truth, but it's the hearsay exception that proffering is the business record exception?"Source
— THE COURT
(The judge clarifying the legal basis for admitting the message slips into evidence.)
DOJ-OGR-00013350.jpg
Quote #1
"I've been using the shorthand business records, but here the issue is about whether it's record of a regularly conducted activity within an organization."Source
— MS. MOE
(An attorney clarifying her legal argument for the business record exception.)
DOJ-OGR-00013350.jpg
Quote #2
"Many of these message slips don't have dates, don't have signatures, and have very sort of cryptic explanations about what is or isn't being purported to be recorded here."Source
— MR. PAGLIUCA
(An attorney describing the deficiencies of the message slips being offered as evidence.)
DOJ-OGR-00013350.jpg
Quote #3
"This witness, I think, maybe has the ability to authenticate four or five of these separate slips, but has no knowledge about the other slips."Source
— MR. PAGLIUCA
(An attorney questioning the current witness's ability to authenticate all of the message slips.)
DOJ-OGR-00013350.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,462 characters)
Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 72 of 262 1777
LC8Cmax3 Hesse - direct
LC8Cmax3 Hesse - direct
1 In particular, your Honor, many of these messages have
2 the first and last name of a victim who testified yesterday
3 under the name Carolyn. And so it confirms that a person with
4 that name was contacting the house during the relevant
5 timeframe of the charged conspiracy.
6 THE COURT: Just so I understand the government's
7 argument, you are offering for the truth, but it's the hearsay
8 exception that proffering is the business record exception?
9 MS. MOE: Yes, your Honor. If I could just have one
10 moment.
11 THE COURT: Yes.
12 MS. MOE: Yes, your Honor. Just to be more precise.
13 I've been using the shorthand business records, but here the
14 issue is about whether it's record of a regularly conducted
15 activity within an organization.
16 THE COURT: Mr. Pagliuca.
17 MR. PAGLIUCA: Yes, your Honor. Just so that the
18 record is clear, there are four, I will call them message slips
19 per page. Many of these message slips don't have dates, don't
20 have signatures, and have very sort of cryptic explanations
21 about what is or isn't being purported to be recorded here.
22 This witness, I think, maybe has the ability to
23 authenticate four or five of these separate slips, but has no
24 knowledge about the other slips.
25 THE COURT: I'm sorry. So is that a 901 objection?
2 the first and last name of a victim who testified yesterday
3 under the name Carolyn. And so it confirms that a person with
4 that name was contacting the house during the relevant
5 timeframe of the charged conspiracy.
6 THE COURT: Just so I understand the government's
7 argument, you are offering for the truth, but it's the hearsay
8 exception that proffering is the business record exception?
9 MS. MOE: Yes, your Honor. If I could just have one
10 moment.
11 THE COURT: Yes.
12 MS. MOE: Yes, your Honor. Just to be more precise.
13 I've been using the shorthand business records, but here the
14 issue is about whether it's record of a regularly conducted
15 activity within an organization.
16 THE COURT: Mr. Pagliuca.
17 MR. PAGLIUCA: Yes, your Honor. Just so that the
18 record is clear, there are four, I will call them message slips
19 per page. Many of these message slips don't have dates, don't
20 have signatures, and have very sort of cryptic explanations
21 about what is or isn't being purported to be recorded here.
22 This witness, I think, maybe has the ability to
23 authenticate four or five of these separate slips, but has no
24 knowledge about the other slips.
25 THE COURT: I'm sorry. So is that a 901 objection?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00013350
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