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Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 71 of 262 1776 LC8Cmax3 Hess direct 1 way we offered similar messages through a previous witness. 2 THE COURT: So you have to take the objection when it 3 comes. I don't think there is a waiver theory as to future 4 objections. 5 Are you seeking to offer the names and phone numbers 6 for their truth? 7 MS. MOE: Yes, your Honor. And here, this witness has 8 testified that they would receive these calls, memorialize it 9 at the same time the person was recording it. And here, we're 10 not offering this for the truth of the particular phone number, 11 but that a person identifying themselves that way had called 12 and left a message on that date. That is consistent with the 13 testimony of victims who described calling the house and the 14 name of a victim who testified yesterday is in these messages. 15 The names are also consistent with the names of other 16 individuals who witnesses have testified about contacting the 17 house and being involved in scheduling massage appointments. 18 So with respect to the business records issue, here, 19 this witness has testified —- 20 THE COURT: So the contention is that it's a business 2] record? 22 MS. MOE: Yes, your Honor. In addition, it's 23 memorializing the statement of the person calling at the time 24 they made it. So it's confirming that a person identifying 25 themself that way contacted the house at that time. SOUTHERN D STR CT R G iPORT ERS, (212) 805-0300 PG ew DOJ-OGR-00018933