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Case 1:20-cr-00330-PAE Document535 Filed 12/09/21 Page2of8
particularly high.” United States v. Al-Moayad, 545 F.3d 139, 172 (2d Cir. 2008). It does not
require ruling out “all possibilities inconsistent with authenticity,” or “prov[ing] beyond any
doubt that the evidence is what it purports to be.” United States v. Dhinsa, 243 F.3d 635, 658
(2d Cir. 2001). Rather, all that is required is “sufficient proof... so that a reasonable juror could
find in favor of authenticity or identification.” /d. This “minimal” standard can be satisfied by
the “testimony of a witness with knowledge that a matter is what it is claimed to be.” United
States v. Gagliardi, 506 F.3d 140, 151 (2d Cir. 2007). Once this “minimal” standard is met, “the
other party then remains free to challenge the reliability of the evidence, to minimize its
importance, or to argue alternative interpretations of its meaning, but these and similar other
challenges go to the weight of the evidence—not to its admissibility.” United States v. Tin Yat
Chin, 371 F.3d 31, 38 (2d Cir. 2004).
Federal Rule of Evidence 801 defines “hearsay” as “‘a statement that a party offers in
evidence to prove the truth of the matter asserted in the statement.” Fed. R. Evid. 801(c)(2).
Il. ANALYSIS
The Court first addresses authentication under Rule 901 and concludes that Mr. Alessi’s
testimony is sufficient to meet this Rule’s standard. Mr. Alessi testified that he worked in the
Palm Beach residence from 1990 to December 2002. Trial Tr. at 778. His job required him to
spend a significant amount of time in the residence. /d. at 779-80. Based on his years working
at the residence, he recalled that Mr. Epstein and Ms. Maxwell maintained telephone directories
and that GX 52 was a version of those directories.
He first testified about the function of the telephone directories in the Palm Beach
residence, and that he recalled first seeing the directories in 1995 or 1996. Id. at 849. He
testified where in the home the directories were kept—“‘in the kitchen desk,” “Ms. Maxwell’s
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Dates
Document Details
| Filename | DOJ-OGR-00008304.jpg |
| File Size | 697.0 KB |
| OCR Confidence | 94.2% |
| Has Readable Text | Yes |
| Text Length | 2,065 characters |
| Indexed | 2026-02-03 17:33:31.215965 |