DOJ-OGR-00018936.jpg
567 KB
Extraction Summary
3
People
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Organizations
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Court transcript
File Size:
567 KB
Summary
This document is a page from a court transcript (Case 1:20-cr-00330-PAE) dated August 10, 2022, featuring the direct examination of a witness named Hesse. Attorney Ms. Moe and the Court discuss the admissibility of exhibits 1B, 3P, and 3X, debating hearsay objections and the criteria for the 'business records' exception. The Judge outlines the requirements for establishing a foundation for business records.
People (3)
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. | ||
| DOJ |
Implied by Bates stamp DOJ-OGR
|
Locations (1)
| Location | Context |
|---|---|
|
Implied by court reporter name and case number format.
|
Key Quotes (3)
"Just to be specific, there is not an objection to the ones that she personally took."Source
DOJ-OGR-00018936.jpg
Quote #1
"The record was made at or near the time by or from information transmitted by someone with knowledge."Source
DOJ-OGR-00018936.jpg
Quote #2
"Making your record was a regular practice of that activity."Source
DOJ-OGR-00018936.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,683 characters)
Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 74 of 262 1779
LC8Cmax3 Hesse - direct
LC8Cmax3 Hesse - direct
1 hearsay objection. Here, this witness --
2 THE COURT: Just to be specific, there is not an
3 objection to the ones that she personally took. Can you
4 identify those, of the numbers.
5 MS. MOE: Yes, your Honor. I just want to doublecheck
6 the exhibits. I want to doublecheck them in the binder. I
7 think they are 1B, 2C, 3P, and 3X. I just want to doublecheck
8 that I have that right.
9 THE COURT: The 2 series is already in?
10 MS. MOE: Yes, your Honor.
11 THE COURT: So of the ones that you're offering?
12 MS. MOE: 1B, 3P, and 3X.
13 Just so I understand the issue, because it seems to
14 now be overlapping, I'm not sure why there would be a business
15 records objection to records other than those that this
16 employee took. I'm not sure if that's an authentication
17 question --
18 THE COURT: No. I think, as I understand it, we need
19 a custodian who indicates the foundation for the exception.
20 The record was made at or near the time by or from information
21 transmitted by someone with knowledge. The record was kept in
22 the course of a regularly conducted activity of a business,
23 organization, occupation, or calling, whether or not for
24 profit. Making your record was a regular practice of that
25 activity.
2 THE COURT: Just to be specific, there is not an
3 objection to the ones that she personally took. Can you
4 identify those, of the numbers.
5 MS. MOE: Yes, your Honor. I just want to doublecheck
6 the exhibits. I want to doublecheck them in the binder. I
7 think they are 1B, 2C, 3P, and 3X. I just want to doublecheck
8 that I have that right.
9 THE COURT: The 2 series is already in?
10 MS. MOE: Yes, your Honor.
11 THE COURT: So of the ones that you're offering?
12 MS. MOE: 1B, 3P, and 3X.
13 Just so I understand the issue, because it seems to
14 now be overlapping, I'm not sure why there would be a business
15 records objection to records other than those that this
16 employee took. I'm not sure if that's an authentication
17 question --
18 THE COURT: No. I think, as I understand it, we need
19 a custodian who indicates the foundation for the exception.
20 The record was made at or near the time by or from information
21 transmitted by someone with knowledge. The record was kept in
22 the course of a regularly conducted activity of a business,
23 organization, occupation, or calling, whether or not for
24 profit. Making your record was a regular practice of that
25 activity.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00018936
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