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Case 1:20-cr-00330-PAE Document 453 Filed 11/12/21 Page 49 of 52 knowledge. The government does not provide any clues about who may have touched the evidence after it was seized in October 2005, ten months after the end of the conspiracy alleged and it does not address how these items seized are relevant to acts allegedly seized 10 years after the start of the alleged conspiracy or even 10 months after it ended. GX 295 is not a “past recollection recorded” by some other witness. It is a testimonial hearsay statement by a dead witness and admission of any part of GX 295 would violate Ms. Maxwell’s rights to confront the declarant and the rules of evidence. The government offers no explanation about how the affidavit of Detective Recarey could possibly be the recorded recollection of someone else; and a pretrial evidentiary hearing is warranted. D. The 3 Photographs The supposed relevance for these photographs, again seized almost one year after the alleged conspiracy ended, is that they “a a a eee Be |< photos, then, establish no material fact in this case and their admission should be prohibited under Federal Rules of Evidence 401, 402, 403, and 404(b). E. The Twin Torpedoes Seized in 2005, and still in the box, unopened, no witness will testify that Ms. Maxwell used these devices. The items were not and could not have been used in connection with any alleged act in this case, assuming a foundation can be established. Accordingly, the exhibit, whether it be the photograph or the actual boxed items, should not be admitted under FRE 401, 402, 403, and 404(b). 43 DOJ-OGR-00006929