Court discussion on business record exception and admissibility of witness statements

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 129 H3vlgiu2 is all about. There is trustworthiness when someone, you know -- if it was a billing record of mine, that's a different story. But the business record exception, 803(6), everyone in the chain of the hearsay link has to be under a business duty to report. So there are cases where officers are allowed to testify about things that they wrote in their report because they observed them or another officer told them or it was a test that maybe happened within the police department. But what they're not allowed to talk about, under a business record exception, are witness statements. And that's what Ms. McCawley wants to try to introduce to the jury in this case -- 87 pages of witness statements from people who we don't know who they are and there's no evidence that they had any association with Ms. Maxwell. Let me finish with this state of mind issue. TH] Gl COURT: But before you do, why isn't it an 803 (6) exception? MR. PAGLIUCA: It could be, your Honor. So 803 (6). —- lial |e COURT: Okay. So what you're saying is, yes, the reports could get in, but not the hearsay part. MR. PAGLIUCA: Exactly. That's exactly right. LE ir] COURT: Well, okay. Of course what the plaintiff would say to that is, okay, fine. MR. PAGLIUCA: Well, then you're redacting 90 percent -- SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011432