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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 79 of 262 1784 LC8Cmax3 Hess direct That is consistent with the testimony of Juan Alessi who testified at pages 879 and 880 of the transcript. "QO. And what was the practice when you worked for Mr. Epstein of how you would take messages? "A, I will answer the phone, I will listen who is calling. And if the message was for Mr. Epstein, and if he wants to take the call, he usually answer his calls, he has his number. And if he was there, he will answer his calls. If he was not there, I will take a message. Who's calling? I will ask for the telephone number, the name, and I will write it down in the -- in the -- in the message book. "QO. And when would you write it in the message book? "A, Soon while I was talking on the phone. "QO. As you're talking on the phone receiving the information, you were writing down that information into the book? "A. Yes." That's also consistent with his testimony at pages 878 through 880 where he describes that not only would he take messages, but his wife would take messages and that another personal assistant would take messages. Finally, your Honor, with respect to the question of case law, the Second Circuit has made clear that the requirement is not that the custodian have personal knowledge of all of the records. In particular, in United States v. Algamal, (ph.) 831 F.appx 539 (2d Cir. 2020). The Second SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00018941