DOJ-OGR-00018935.pdf

Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 73 of 262 1778 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 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00018935