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be NO Ww ws Oo OY ~] oO Ke) a oO he be No (ee) = Hs Oo _ OY a ~] a oO a Ke} 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 70 of 262 1775 LC8Cmax3 Hess direct (Jury not present) (Witness excused) TH | COURT: You may be seated. Okay. MS. MOE: Thank you, your Honor. These thr xhibits are spiral bound message books. As their appearance makes clear, no one could tear an object out or put it in there, and so they are a continuous record. Your Honor, this witness has authenticated these message books in the same manner that a previous witness has also authenticated other message books, and they were admitted exactly the same way earlier ina trial. With respect to rule 901 -- THE COURT: I didn't hear an authentication objection. It was hearsay. MS. MOE: With respect to hearsay, these are admissible for the same reasons the other message pads are admissible and received. They are phone messages that record the date and time of a person calling. With respect to particular victims that are in those messages, that would be a prior consistent statement to the extent the witness testified. Your Honor, there are already message pads that are already in evidence that were not objected to on hearsay grounds. So they are in the record. These are of a similar nature. We are simply offering an additional set in the same SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR- 00013348