DOJ-OGR-00018347.jpg

Case 1:20-cr-00330-PAE Document 751 Filed 08/10/22 Page 10 of 261 1150
LC6Cmax1

1 and testified that there was a built-in bookcase on the
2 right-hand side. These are structural features of the massage
3 room, not moveable objects that are unlikely to have changed
4 during the interveining period. See United States v. Diecidue,
5 603 F.2d 535 at 560, Fifth Circuit 1997, which stated that,
6 quote, the floors and walls of the house are relatively
7 permanent fixtures, fixtures that would not likely be subject
8 to removal.
9 The massage table in the photo demonstrates the room's
10 size, layout, and purpose as Jane testified to them, not to
11 prove that it's the same massage table that Jane saw. But the
12 pictures on the wall must be redacted from these photos.
13 First, the pictures on the wall are not structural or
14 unmoveable, they don't go to the room's size, layout, or
15 purpose. Unless a witness testified that the pictures in the
16 2019 photos are the same as those in the room years earlier,
17 the photos are not probative as to the presence of those
18 pictures. Indeed, the government admits that it would not
19 argue the particular pictures in the photos were presented
20 while Jane testified she was abused.
21 Second, the government indicates that Jane agrees that
22 Jane did not testify to any art in the massage room. Rather,
23 she testified that she did not look at the walls in the room.
24 The presence of the pictures, therefore, cannot corroborate
25 Jane's testimony and the pictures on the wall risk prejudice

SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300

DOJ-OGR-00018347