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E-mails the defense sought to use during Nicole's cross-examination
Agnifilo argued that additional e-mails would complete the narrative presented during Nicole's direct testimony and show her state of mind at the time. Penza maintained that the government's e-mail chains had been offered for their effect on recipients and objected to the defense's proposed use as hearsay.
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The defense sought to use the e-mails to show Nicole's contemporaneous thinking in 2016 and 2017 rather than her later perspective; the government disputed that proposed use under the hearsay rules.