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10 fd. 12 [3 14 15 16 i) 18 wife) 20 21 22 23 24 25 128 H3vlgiu2 Thank you, your Honor. MR. PAGLIUCA: Briefly, your Honor. So first, we're doing a mix and match here of different things, which I like the rules of evidence becaus they're rules and I can read them and they say what they say. Even if, even if, you had a gold-plated record custodian from the Palm Beach Police Department come in here and make all of the findings that you needed to find as a business record exception or a government record exception, the case law is absolutely clear that second- and thirdhand hearsay is inadmissible through police reports. I use this example because it's a good one, I think. As part of my practice, I represent people accused of crimes, and so we get discovery as part of my practice. Guess what? That goes into my files and I keep it as a matter of course, and it is a business record of mine because I keep it in due course. Now that doesn't mean that it simply would get admitted into a trial whole cloth for the truth of the matter asserted, just because it's a business record of mine. And why? What's the answer? Because the statements that are included in the police report, or the discovery that I get, that I put in my file and I keep very carefully as a business record, don't magically become nonhearsay, because the peopl who are making those statements are not under any business duty to report to me. And that's what the business record exception SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011431