Court discussion on admissibility of Giuffre's psychiatric records

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 13 H3VOGIU1 prejudicial effect« Obviously, this is going to be considered by the jury to think she's a bad kid. They're not going to like Ms. Giuffre, and they're going to hold it against her, not because it has some technical reputational aspect to it, but because it is something that shows she's a bad person. Under 403, the evidence should be excluded. Let me give you a second illustration of reputational points. They say, "Ah-ha, look. Ms. Giuffre went to Dr. Kliman," and I believe your Honor referred to that as well. And your Honor asked, I think, a very good question, and let me see if I can answer that question. You said, "Well, why did she disclose all this stuff to Dr. Kliman?" Well, the answer is obvious, she was under instructions from and of course she that happened. S the doctor to tell everything that happened, told, to the best of her abilit ome of the stuff is going ty, everything to turn out in a court of law to be relevant, some of this stuff in a court of law is going to turn out to be irrelevant. But that's not the psychiatrist's job to say, 'No, no, no, don't talk about becaus illegal drug us the prejudicial effect outweighs the probative value,' he just gets a full medical history. And having collected all that information, you know, through Dr. Kliman, or they also have Dr. Miller who did a similar sort of thing. Now once you have all of this vast array of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011376