DOJ-OGR-00006406.jpg
Extracted Text (OCR)
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 46 of 54
automatically admit his alternative explanation for his flight, insofar as he wishes to bring in his
out-of-court statements to others on social media or to prison officials.”). The Government is
able to introduce the defendant’s statements as statements of an opposing party under Federal
Rule of Evidence 801(d)(2)(A). See Fed. R. Evid. 801(d)(2)(A) (defining as “not hearsay” a
statement “offered against an opposing party” and “made by the party”). But the Federal Rules
contain no parallel provision for the defendant. See Marin, 669 F.2d at 84. Instead, if the
defendant wishes to place her own statements before the jury, she must testify so the
Government may cross-examine her. See United States v. Yousef, 327 F.3d 56, 153 (2d Cir.
2003) (holding that defendant “could have testified to everything asserted in his statement, [but]
he could not offer the document itself for the truth of the matter asserted”), overruled on other
grounds by Montejo v. Louisiana, 556 U.S. 778 (2009).
Notwithstanding the hearsay bar, a defendant may in limited circumstances invoke the
so-called “rule of completeness” to require the introduction of additional portions of his or her
own out-of-court statement when the Government offers excerpts of it. See Fed. R. Evid. 106
(“If a party introduces all or part of a writing or recorded statement, an adverse party may require
the introduction, at that time, of any other part—or any other writing or recorded statement—that
in fairness ought to be considered at the same time.”). “Under this principle, even though a
statement may be hearsay, an ‘omitted portion of [the] statement must be placed in evidence if
necessary to explain the admitted portion, to place the admitted portion in context, to avoid
misleading the jury, or to ensure fair and impartial understanding of the admitted portion.’”
United States v. Johnson, 507 F.3d 793, 796 (2d Cir. 2007) (alteration in original) (quoting
45
DOJ-OGR-00006406
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00006406.jpg |
| File Size | 691.6 KB |
| OCR Confidence | 94.6% |
| Has Readable Text | Yes |
| Text Length | 2,025 characters |
| Indexed | 2026-02-03 17:10:52.980744 |