DOJ-OGR-00018935.jpg
612 KB
Extraction Summary
4
People
2
Organizations
1
Locations
1
Events
2
Relationships
3
Quotes
Document Information
Type:
Court transcript (criminal case)
File Size:
612 KB
Summary
This document is a page from a court transcript (Case 1:20-cr-00330-PAE, likely the Ghislaine Maxwell trial) filed on August 10, 2022. It captures a legal argument between defense attorney Mr. Pagliuca and prosecutor Ms. Moe regarding the admissibility of a 'spiral bound book' of message slips during the direct examination of a witness named Hesse. Pagliuca objects under Federal Rules of Evidence 801 and 803.6, arguing the witness lacks the knowledge to establish a business record foundation, while Moe counters that the authenticity of the book itself is not in dispute.
People (4)
| Name | Role | Context |
|---|---|---|
| Mr. Pagliuca | Defense Attorney |
Arguing an objection regarding the admissibility of evidence (message slips) based on lack of business record foundat...
|
| Ms. Moe | Prosecuting Attorney |
Responding to the defense objection, arguing that authenticity is not in dispute.
|
| Hesse | Witness |
Mentioned in the header ('Hesse - direct') and referred to as 'She' and 'this particular witness' in the text. Being ...
|
| Judge (Your Honor) | Judge |
Addressed by Mr. Pagliuca regarding the objection.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. |
Footer information.
|
|
| Department of Justice (DOJ) |
Implied by Bates stamp 'DOJ-OGR'.
|
Timeline (1 events)
2022-08-10
Court filing date of transcript for Case 1:20-cr-00330-PAE (United States v. Ghislaine Maxwell).
Courtroom
Locations (1)
| Location | Context |
|---|---|
|
Location of the court (likely SDNY based on context and reporter name).
|
Relationships (2)
Debating the admissibility of evidence in court.
Pagliuca is arguing about Hesse's lack of knowledge regarding the creation of the records.
Key Quotes (3)
"So, I don't think you can just say that we're going to take all these messages with all this different information in it and then say it's all business record, it all comes in for the truth of the matter asserted."Source
— Mr. Pagliuca
(Objecting to the admission of message slips as business records.)
DOJ-OGR-00018935.jpg
Quote #1
"That's my objection under 801, your Honor, and I suppose 803.6, which is the particular subsection under which it is being offered."Source
— Mr. Pagliuca
(Citing specific Federal Rules of Evidence regarding hearsay and business records.)
DOJ-OGR-00018935.jpg
Quote #2
"It's a spiral bound book. It sounds like there is no dispute that these are authentic."Source
— Ms. Moe
(Defending the evidence, noting the witness identified the physical book.)
DOJ-OGR-00018935.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,557 characters)
Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 73 of 262 1778
LC8Cmax3 Hesse - direct
LC8Cmax3 Hesse - direct
1 MR. PAGLIUCA: No, it is not. I think she can say
2 this is the message pad. So it's not an authentication
3 objection. It is, though, as to these individual slips, she
4 has no knowledge about what's contained in them, and it goes to
5 a business record foundation as in when it was made, when it
6 was recorded, how it was stored, all of those sorts of things
7 that a normal business record custodian would talk about.
8 She, this particular witness, is not under any
9 particular business duty to record these other messages and
10 doesn't have any information about how these other messages may
11 or may not have been recorded, by whom, when, where, how, all
12 of those kinds of things.
13 So, I don't think you can just say that we're going to
14 take all these messages with all this different information in
15 it and then say it's all business record, it all comes in for
16 the truth of the matter asserted.
17 That's my objection under 801, your Honor, and I
18 suppose 803.6, which is the particular subsection under which
19 it is being offered.
20 MS. MOE: Taking those in turn, it appears defense
21 counsel is not disputing the authenticity of these messages
22 within the entire book because this witness has identified the
23 book. It's a spiral bound book. It sounds like there is no
24 dispute that these are authentic.
25 So the only thing we're talking about here is a
2 this is the message pad. So it's not an authentication
3 objection. It is, though, as to these individual slips, she
4 has no knowledge about what's contained in them, and it goes to
5 a business record foundation as in when it was made, when it
6 was recorded, how it was stored, all of those sorts of things
7 that a normal business record custodian would talk about.
8 She, this particular witness, is not under any
9 particular business duty to record these other messages and
10 doesn't have any information about how these other messages may
11 or may not have been recorded, by whom, when, where, how, all
12 of those kinds of things.
13 So, I don't think you can just say that we're going to
14 take all these messages with all this different information in
15 it and then say it's all business record, it all comes in for
16 the truth of the matter asserted.
17 That's my objection under 801, your Honor, and I
18 suppose 803.6, which is the particular subsection under which
19 it is being offered.
20 MS. MOE: Taking those in turn, it appears defense
21 counsel is not disputing the authenticity of these messages
22 within the entire book because this witness has identified the
23 book. It's a spiral bound book. It sounds like there is no
24 dispute that these are authentic.
25 So the only thing we're talking about here is a
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00018935
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