DOJ-OGR-00018939.jpg
601 KB
Extraction Summary
3
People
2
Organizations
1
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Court transcript
File Size:
601 KB
Summary
A transcript page from a court proceeding (Case 1:20-cr-00330) filed on August 10, 2022. Attorney Ms. Moe argues for the admissibility of a bound, sequentially numbered book under the 'business records exception,' contending that witnesses do not need to testify to recording entries at the exact moment of occurrence. The Court (Judge) agrees to review the relevant case law during a break.
People (3)
| Name | Role | Context |
|---|---|---|
| Ms. Moe | Attorney (Prosecution) |
Arguing for the admissibility of evidence under the business records exception.
|
| The Court | Judge |
Presiding over the argument, stating intention to review case law during a break.
|
| Hesse | Witness |
Name appears in the header 'Hesse - direct', indicating this is during the direct examination or legal argument relat...
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. | ||
| DOJ |
Referenced in footer stamp DOJ-OGR
|
Locations (1)
| Location | Context |
|---|---|
|
Implied by court reporter name and case context.
|
Key Quotes (3)
"the question is whether this is a business record, and based on the testimony from now two witnesses and the organization of the book itself, which shows that this is a sequentially numbered book that's bound"Source
DOJ-OGR-00018939.jpg
Quote #1
"If the requirement were that witnesses come in and talk about the exact moment they recorded something every time, business records would never be admitted in court."Source
DOJ-OGR-00018939.jpg
Quote #2
"I'm going to poke around at the law. If anybody has a case, you may have noticed, I like cases."Source
DOJ-OGR-00018939.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,511 characters)
Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 77 of 262 1782
LC8Cmax3 Hesse - direct
LC8Cmax3 Hesse - direct
1 to the business records exception. They're free to argue about
2 the timeframes and what could be construed from them, but the
3 question is whether this is a business record, and based on the
4 testimony from now two witnesses and the organization of the
5 book itself, which shows that this is a sequentially numbered
6 book that's bound, that was used as part of this employee's job
7 functions. That's all that the business records exception
8 requires.
9 Again, on the timing, the issue is whether these
10 records were made at or near. I'm not aware of any authority
11 that requires a foundation that a witness testify that they
12 personally made that record at the exact moment a phone call
13 came in. That's not what the business records exception
14 requires. It's whether it's at or near, whether it's part of
15 the general practice. If the requirement were that witnesses
16 come in and talk about the exact moment they recorded something
17 every time, business records would never be admitted in court.
18 That's not what the rule requires.
19 THE COURT: I'm going to poke around at the law. If
20 anybody has a case, you may have noticed, I like cases.
21 MS. MOE: Yes, your Honor.
22 THE COURT: I'll take a look during the remainder of
23 the break.
24 Can I keep these to look at them?
25 MS. MOE: Yes, your Honor, of course.
2 the timeframes and what could be construed from them, but the
3 question is whether this is a business record, and based on the
4 testimony from now two witnesses and the organization of the
5 book itself, which shows that this is a sequentially numbered
6 book that's bound, that was used as part of this employee's job
7 functions. That's all that the business records exception
8 requires.
9 Again, on the timing, the issue is whether these
10 records were made at or near. I'm not aware of any authority
11 that requires a foundation that a witness testify that they
12 personally made that record at the exact moment a phone call
13 came in. That's not what the business records exception
14 requires. It's whether it's at or near, whether it's part of
15 the general practice. If the requirement were that witnesses
16 come in and talk about the exact moment they recorded something
17 every time, business records would never be admitted in court.
18 That's not what the rule requires.
19 THE COURT: I'm going to poke around at the law. If
20 anybody has a case, you may have noticed, I like cases.
21 MS. MOE: Yes, your Honor.
22 THE COURT: I'll take a look during the remainder of
23 the break.
24 Can I keep these to look at them?
25 MS. MOE: Yes, your Honor, of course.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00018939
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