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Case 1:20-cr-00330-PAE Document 747 Filed 08/10/22 Page 16 of 228 692 LC2VMAX2 Kane - Direct 1 (At sidebar) 2 THE COURT: State your objection. 3 MS. MENNINGER: Your Honor, this is very similar to a 4 police report in which a third party is transmitting 5 information to a business. Yes, they rely on certain pieces of 6 information contained in that report to do their job; but as 7 the case law holds, that doesn't make th ntire police report 8 admissible under the business records exception. 9 When information is reported by a third party, the 10 information has to have its own sources of reliability in order 11 For it to be useful to the business. While they may make a 12 decision, for example, to file charges, there may be inaccurate 13 information, and that's why police records are traditionally 14 excluded because they are reflections of third-party 15 information that only portions may be reliable. 16 In this case, certainly I understand the school did 17 contact her and follow up with her and she became admitted. 18 But there are other pieces of information that are being 19 offered for the truth of the matter asserted therein. In 20 particular, imagine that Mr. Epstein ultimately became 21 financially responsible because that's what's listed in the 22 form. However, what this record would tend to show is that 23 someone -- we don't even know if it was the Jane or her 24 mother -- filled out the form, had an expectation or wrote that 25 name down on the form at the time without any subsequent SOUTHERN DISTRICT REPORTERS, P.C. (212%) 805-0220 DOJ-OGR-00012301