124 H3vlgiu2 ih other boys, right? But now police reports are not allowed in 2 at all, right? A police report where I've got the detective 3 coming to testify about the police report that he took in his 4 investigation, oh, but that can't come in. And what's 5 interesting is, they went through all of our cases but they 6 failed to look at their own cases, because Smith, which is a 7 case that they cite in their brief on trying to get the police 8 reports in, a Southern District of New York case, says that 9 this can come in. It says, "Statements in a police report are 10 not inadmissible hearsay where, as here, they are not offered 1a for the truth of the matter asserted but for purposes of 12 showing whether the arresting officer had the information 13 giving them probable cause in that instance." So what we are 14 doing here, your Honor, is putting forth this police report to 15 show whether or not Maxwell had the knowledge of that, which we 16 are entitled to ask her those questions at trial, your Honor, de and to utilize this police report in that regard. 18 So, your Honor, it comes in for two reasons. One, 19 under the hearsay exception, which is the business records 20 exception through Mr. Recarey's testimony, which is detailed in 21 our briefs. He was deposed for a full day. He walked through 22 all of these documents in his investigation, and we laid out 23 that, the standard in there. He testified that it was a record 24 kept in the regular course of his work. He testified that it 25 was something he had to do in accordance with that work. He SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011427