71 H3VOGIU1 ih so let meet respond to that overview. 2 They reference Mueller and Kirkpatrick, a treatise 3 that we think is very instructive on this particular point. 4 Mueller and Kirkpatrick says, "It is true that ina 5 defamation case there is more latitude to introducing 6 reputational types of evidence. However, it's important to 7 remember, say Mueller and Kirkpatrick, that actual character is 8 not so much the question as reputation." 9 And it follows that "specific instances of misconduct 10 cannot be proved if they were not generally known because then 1a they would not affect reputation." 12 They go on to say that, "When a defendant's proof goes 13 to specific instances under 405(b), caution from the judge is 14 in order. Proving misbehavior can, in effect, become a game of 15 character assassination that adds insult to injury which courts 16 can block by carefully considering relevancy issues and the de rule against unfair prejudice found in Rule 403." And so it is 18 against that backdrop that the Court should be considering 19 these 405 issues. 20 What I would like to do is offer three illustrations 21 of what I think is going to be a pervasive flaw in many of the 22 arguments advanced by the defense. 23 So we heard that, "Your Honor, look under 405(b). The 24 fact that the mother -- plaintiff's mother described her as a 25 liar about using drugs and running away from home, that comes SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011374