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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 DOJ-OGR- 00008304

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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