DOJ-OGR-00018347.pdf

Case 1:20-cr-00330-PAE Document 751 Filed 08/10/22 Page 10 of 261 1150 LC6Cmax1 and testified that there was a built-in bookcase on the right-hand side. These are structural features of the massage room, not moveable objects that are unlikely to have changed during the intervening period. See United States v. Diecidue, 603 F.2d 535 at 560, Fifth Circuit 1997, which stated that, quote, the floors and walls of the house are relatively permanent fixtures, fixtures that would not likely be subject to removal. The massage table in the photo demonstrates the room's size, layout, and purpose as Jane testified to them, not to prove that it's the same massage table that Jane saw. But the pictures on the wall must be redacted from these photos. First, the pictures on the wall are not structural or unmoveable, they don't go to the room's size, layout, or purpose. Unless a witness testified that the pictures in the 2019 photos are the same as those in the room years earlier, the photos are not probative as to the presence of those pictures. Indeed, the government admits that it would not argue the particular pictures in the photos were presented while Jane testified she was abused. Second, the government indicates that Jane agrees that Jane did not testify to any art in the massage room. Rather, she testified that she did not look at the walls in the room. The presence of the pictures, therefore, cannot corroborate Jane's testimony and the pictures on the wall risk prejudice SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00018347