EFTA00617178Set 9
2017-02-248p1,287w
PLAINTIFF'S NOTICE OF INTENT TO OFFER STATEMENTS
UNDER, IF NECESSARY, THE RESIDUAL HEARSAY RULE
Laura A. Menninger
Jeffrey S. Pagliuca
Ty Gee
HADDON, MORGAN AND FOREMAN, P.C.
150 East ... Plaintiff's
Notice of Intent to Offer Statements Under, If Necessary, the Residual Hearsay Rule and states
as follows:
INTRODUCTION
Plaintiff is correct that Ms. Maxwell will move, either ... evidence listed in her notice. Many of the documents identified must be excluded as hearsay
without applicable exceptions, or based on other evidentiary grounds. Those issues will be
argued
https://www.justice.gov/epstein/files/DataSet%209/EFTA00617178.pdf
EFTA00808026Set 9
2009-12-0728p8,180w
Stores, Inc. v. Dwell, 131 So 2d 730 (Fla. 1961).
An affidavit based on hearsay does not provide a basis for summary judgment. See, e.g.,
Castro v. Brazeau ... Statement of Material Facts is a nasty mass of entirely irrelevant statements
based on hearsay and otherwise inadmissible materials that do not conform to the Rules of Civil
Procedure ... violate Rule 1.510 because they are not properly authenticated and are based on inadmissible
hearsay. They must be stricken together with the "facts" based thereon.
a. No Authentication. None
https://www.justice.gov/epstein/files/DataSet%209/EFTA00808026.pdf
EFTA00612250Set 9
2017-03-31158p38,362w
evidence, we've put forth in our papers, again, that's a
18 hearsay document. It's highly prejudicial under 403. They say
19 that it meets self-authentication ... this trial.
21 Next, your Honor, they also seek to include
22 statements, hearsay statements and newspaper articles about
23 Prince Andrew, and it's actually not his denial ... cross examine him, so what they want to
2 do is introduce triple hearsay of Buckingham Palace saying what
3 Prince Andrews said in a news article without the reporter
https://www.justice.gov/epstein/files/DataSet%209/EFTA00612250.pdf
EFTA00794556Set 9
2017-03-31159p41,795w
evidence, we've put forth in our papers, again, that's a
18 hearsay document. It's highly prejudicial under 403. They say
19 that it meets self-authentication ... this trial.
21 Next, your Honor, they also seek to include
22 statements, hearsay statements and newspaper articles about
23 Prince Andrew, and it's actually not his denial ... cross examine him, so what they want to
2 do is introduce triple hearsay of Buckingham Palace saying what
3 Prince Andrews said in a news article without the reporter
https://www.justice.gov/epstein/files/DataSet%209/EFTA00794556.pdf
EFTA00803113Set 9
2017-03-31158p39,273w
evidence, we've put forth in our papers, again, that's a
18 hearsay document. It's highly prejudicial under 403. They say
19 that it meets self-authentication ... this trial.
21 Next, your Honor, they also seek to include
22 statements, hearsay statements and newspaper articles about
23 Prince Andrew, and it's actually not his denial ... cross examine him, so what they want to
2 do is introduce triple hearsay of Buckingham Palace saying what
3 Prince Andrews said in a news article without the reporter
https://www.justice.gov/epstein/files/DataSet%209/EFTA00803113.pdf
EFTA00808738Set 9
2011-02-2514p3,802w
outweighed by the danger or unfair prejudice, confusion, misleading
the July, as well as hearsay and authenticity.
This is a very good example of an inflammatory exhibit by Mr.
Edwards ... that [Epstein] is a bad
person or bad character evidence under 90.404. This is hearsay and
it should not be admitted. It would be inflammatory and very
prejudicial to [Epstein ... argues that Exhibit #132 is relevant, not unfairly prejudicial, and not barred by the
hearsay rule. His main contention is that the article is relevant to the punitive damages claim
https://www.justice.gov/epstein/files/DataSet%209/EFTA00808738.pdf
EFTA01077032Set 9
2011-01-1869p16,216w
that is "reliable." Correction Law §168-n(3); Guidelines at 7. Plainly, that includes
hearsay. Correction Law §169-8(3)(SORA court "may consider reliable hearsay
evidence submitted by either ... summaries prepared by the SORA Board and submitted to court "certainly meet
the `reliable hearsay' standard for admissibility at SORA proceedings," People v.
-36-
EFTA01077071
Mingo, 12 N.Y.3d ... those materials "often [are] replete with
hearsay culled from a variety of secondary sources." People v. Vasquez 20 Misc.3d 37
(App. Term 1st Dept. 2008). Hearsay is "reliable for SORA
https://www.justice.gov/epstein/files/DataSet%209/EFTA01077032.pdf
EFTA01177413Set 9
2011-01-1869p14,885w
that is "reliable." Correction Law §168-n(3); Guidelines at 7. Plainly, that includes
hearsay. Correction Law §169-8(3)(SORA court "may consider reliable hearsay
evidence submitted by either ... summaries prepared by the SORA Board and submitted to court "certainly meet
the `reliable hearsay' standard for admissibility at SORA proceedings," People v.
-36-
EFTA01177452
Mingo, 12 N.Y.3d ... those materials "often [are] replete with
hearsay culled from a variety of secondary sources." People v. Vasquez 20 Misc.3d 37
(App. Term 1st Dept. 2008). Hearsay is "reliable for SORA
https://www.justice.gov/epstein/files/DataSet%209/EFTA01177413.pdf
EFTA00602338Set 9
2011-01-1869p14,710w
that is "reliable." Correction Law §168-n(3); Guidelines at 7. Plainly, that includes
hearsay. Correction Law §169-8(3)(SORA court "may consider reliable hearsay
evidence submitted by either ... summaries prepared by the SORA Board and submitted to court "certainly meet
the `reliable hearsay' standard for admissibility at SORA proceedings," People v.
-36-
EFTA00602377
Mingo, 12 N.Y.3d ... those materials "often [are] replete with
hearsay culled from a variety of secondary sources." People v. Vasquez 20 Misc.3d 37
(App. Term 1st Dept. 2008). Hearsay is "reliable for SORA
https://www.justice.gov/epstein/files/DataSet%209/EFTA00602338.pdf
EFTA00792500Set 9
2011-01-1869p16,292w
that is "reliable." Correction Law §168-n(3); Guidelines at 7. Plainly, that includes
hearsay. Correction Law §169-8(3)(SORA court "may consider reliable hearsay
evidence submitted by either ... summaries prepared by the SORA Board and submitted to court "certainly meet
the `reliable hearsay' standard for admissibility at SORA proceedings," People v.
-36-
EFTA00792539
Mingo, 12 N.Y.3d ... those materials "often [are] replete with
hearsay culled from a variety of secondary sources." People v. Vasquez 20 Misc.3d 37
(App. Term 1st Dept. 2008). Hearsay is "reliable for SORA
https://www.justice.gov/epstein/files/DataSet%209/EFTA00792500.pdf
EFTA00808752Set 9
2011-02-2512p3,153w
outweighed by the danger or unfair prejudice, confusion,
misleading the jury, as well as hearsay and authenticity.
This is a very good example of an inflammatory exhibit by Mr.
Edwards ... that [Epstein] is a
bad person or bad character evidence under 90.404. This is hearsay
and it should not be admitted. It would be inflammatory and very
prejudicial to [Epstein ... argues that Exhibit #132 is relevant, not unfairly prejudicial, and not barred by
the hearsay rule. His main contention is that the article is relevant to the punitive damages claim
https://www.justice.gov/epstein/files/DataSet%209/EFTA00808752.pdf
EFTA01077101Set 9
61p12,214w
convicted of any rape, sexual abuse, or
violent offenses,6 the case summary highlighted hearsay-based claims
in police paperwork -- namely a probable cause affidavit signed by a
Palm Beach ... recommendation was based on police
documentation that was not credible and that contained hearsay
allegations that the lead sex crimes prosecutor in Florida decided not to
prosecute. See A.90 ... regarding contested relevant issues, if
necessary. See Section II(B), infra.
16
EFTA01077123
triple hearsay allegations cited in the Board's recommendation that
were squarely rejected as a basis
https://www.justice.gov/epstein/files/DataSet%209/EFTA01077101.pdf
EFTA01085764Set 9
33p6,903w
primary source
transcripts and documents that were excluded from the abbreviated,
inaccurate, and inflammatory hearsay presentation of the Board, the
Assistant District Attorney who represented the People at the SORA ... These primary-source
materials revealed glaring misquotes and material omissions of fact in
the hearsay-based synopses contained in the Probable Cause Affidavit
and Case Summary. They also highlighted ... People in their
brief, that a probable cause affidavit or other documents containing hearsay may
constitute "reliable evidence" and even clear and convincing evidence for purposes of
a SORA hearing
https://www.justice.gov/epstein/files/DataSet%209/EFTA01085764.pdf
EFTA00076468Set 9
2018-06-1320p6,187w
subpoenas cannot be used to obtain
documents that would be excluded on hearsay grounds or would otherwise be "inadmissible as
evidence at trial." United States v. Brown ... request is improper because investigative files often contain many documents that
arc inadmissible on hearsay or other grounds. See. e.g., United States v. Boyle ... audio recordings" because those
materials would "be inadmissible at defendant's trial on hearsay grounds"); United States v.
Jackson, No. 02 CR. 756 (LMM), 2006 WL 1993251, at '2 (S.D.N.Y
https://www.justice.gov/epstein/files/DataSet%209/EFTA00076468.pdf
EFTA01168858Set 9
39p7,780w
primary source transcripts
and documents that were excluded from the abbreviated, inaccurate,
and inflammatory hearsay presentation of the Board, the Assistant
District Attorney who represented the People at the SORA ... These primary-source
materials revealed glaring misquotes and material omissions of fact in
the hearsay-based synopses contained in the Probable Cause Affidavit
and Case Summary. They also highlighted ... People in their
brief, that a probable cause affidavit or other documents containing hearsay may
constitute reliable evidence and even clear and convincing evidence for purposes of
a SORA hearing
https://www.justice.gov/epstein/files/DataSet%209/EFTA01168858.pdf
EFTA00181023Set 9
124p12,224w
convicted of any rape, sexual abuse, or
violent offenses,6 the case summary highlighted hearsay-based claims
in police paperwork -- namely a probable cause affidavit signed by a
Palm Beach ... recommendation was based on police
documentation that was not credible and that contained hearsay
allegations that the lead sex crimes prosecutor in Florida decided not to
prosecute. See A.90 ... necessary. See Section II(B), infra.
16
EFTA00181067
EFTA00181068
enda tion that
triple hearsay allegations cited in the Board's recomm
Florida, were
were squarely rejected as a basis
https://www.justice.gov/epstein/files/DataSet%209/EFTA00181023.pdf
EFTA00792569Set 9
39p7,774w
primary source transcripts
and documents that were excluded from the abbreviated, inaccurate,
and inflammatory hearsay presentation of the Board, the Assistant
District Attorney who represented the People at the SORA ... These primary-source
materials revealed glaring misquotes and material omissions of fact in
the hearsay-based synopses contained in the Probable Cause Affidavit
and Case Summary. They also highlighted ... People in their
brief, that a probable cause affidavit or other documents containing hearsay may
constitute reliable evidence and even clear and convincing evidence for purposes of
a SORA hearing
https://www.justice.gov/epstein/files/DataSet%209/EFTA00792569.pdf
EFTA00584101Set 9
32p6,747w
primary source
transcripts and documents that were excluded from the abbreviated,
inaccurate, and inflammatory hearsay presentation of the Board, the
Assistant District Attorney who represented the People at the SORA ... These primary-source
materials revealed glaring misquotes and material omissions of fact in
the hearsay-based synopses contained in the Probable Cause Affidavit
and Case Summary. They also highlighted ... People in their
brief, that a probable cause affidavit or other documents containing hearsay may
constitute "reliable evidence" and even clear and convincing evidence for purposes of
a SORA hearing
https://www.justice.gov/epstein/files/DataSet%209/EFTA00584101.pdf
EFTA01085680Set 9
33p6,959w
primary source transcripts
and documents that were excluded from the abbreviated, inaccurate,
and inflammatory hearsay presentation of the Board, the Assistant
District Attorney who represented the People at the SORA ... These primary-source
materials revealed glaring misquotes and material omissions of fact in
the hearsay-based synopses contained in the Probable Cause Affidavit
and Case Summary. They also highlighted ... People in their
brief, that a probable cause affidavit or other documents containing hearsay may
constitute "reliable evidence" and even clear and convincing evidence for purposes of
a SORA hearing
https://www.justice.gov/epstein/files/DataSet%209/EFTA01085680.pdf
EFTA00068501Set 9
2021-11-0117p5,289w
Report at 29-
13
EFTA00068513
63. These out of court statements would be hearsay if admitted for their truth, and so are
presumptively inadmissible at trial. Fed. R. Evid ... Defense identifies several means by
which it may admit these hearsay statements. Def. Br. at 14-17.
First, "[u)nder Rule 703, experts can testify to opinions based on inadmissible ... evidence,
including hearsay, if `experts in the field reasonably rely on such evidence in forming their
opinions!" United States v. Mejia, 545 F.3d 179, 197 (2d Cir. 2008). But Rule
https://www.justice.gov/epstein/files/DataSet%209/EFTA00068501.pdf