DOJ-OGR-00018885.pdf

Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 23 of 262 1728 LC8Cmax1 1 sure? 2 MR. ROHRBACH: It's in the matter of -- it starts with an L. I can't give the cite off the top of my head. I wasn't expecting this particular argument today. 3 THE COURT: If that theory applies for the content of 824, I'll consider it, so you'll let me know. 4 MR. ROHRBACH: Yes, your Honor. I just haven't asked Ms. Gill about their reliance on this record, which is similar to the questions the Court has been asking for, so I couldn't articulate that theory of a business record for 824 right now. 5 THE COURT: Right. Sounds like a similar -- 6 MS. STERNHEIM: Just to close the loop, with regard to the Court's statement that it was a relevant time period, it's my recollection that Mr. Alessi testified to 2001, and the fact that someone may be employed is not a basis for an inference that a child of that employee was at a certain location at a certain time, which is why the government is seeking to introduce that. 7 THE COURT: We'll leave the fact finding to the jury. 8 MS. STERNHEIM: Okay. 9 THE COURT: Thank you. 10 MR. ROHRBACH: Thank you, your Honor. 11 THE COURT: Anything else? We'll still have to wait for our juror who had substantial train issues. So we will wait. I'll step down. Thank you. 12 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00018885