other boys, right? But now police reports are not allowed in
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other boys, right? But now police reports are not allowed in
at all, right? A police report where I've got the detective
coming to testify about the police report that he took in his
investigation, oh, but that can't come in. And what's
interesting is, they went through all of our cases but they
failed to look at their own cases, because Smith, which is a
case that they cite in their brief on trying to get the police
reports in, a Southern District of New York case, says that
this can come in. It says, "Statements in a police report are
not inadmissible hearsay where, as here, they are not offered
for the truth of the matter asserted but for purposes of
showing whether the arresting officer had the information
giving them probable cause in that instance." So what we are
doing here, your Honor, is putting forth this police report to
show whether or not Maxwell had the knowledge of that, which we
are entitled to ask her those questions at trial, your Honor,
and to utilize this police report in that regard.
So, your Honor, it comes in for two reasons. One,
under the hearsay exception, which is the business records
exception through Mr. Recarey's testimony, which is detailed in
our briefs. He was deposed for a full day. He walked through
all of these documents in his investigation, and we laid out
that, the standard in there. He testified that it was a record
kept in the regular course of his work. He testified that it
was something he had to do in accordance with that work. He
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
HOUSE_OVERSIGHT_011427
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