3.Sidebar Ruling Admitting Butler Testimony and Medical Records
14 lines(Sidebar conference.)
THE COURT: Who is your next witness?
MS. PENZA: Elizabeth Butler.
THE COURT: All right.
On the issue which the defendant brought before the Court, the defendant seeks to exclude Elizabeth Butler's testimony regarding conversation between Pam Cafritz and Ms. Butler that concerns medical care provided to Daniela and her sister.
This conversation is admissible as evidence of means and methods of the charged enterprise, specifically, the actions of Pam Cafritz, an alleged co-conspirator. This evidence's probative value is not substantially outweighed by its danger of unfair prejudice so Rule 403 does not require its exclusion. The Court will provide the jury with a limiting instruction on that.
And also, on the medical record, after the government lays a foundation regarding the notation as to the amount of time that Camila had been sexually active, I will give a limiting instruction, if necessary.
MS. PENZA: That won't be -- so that won't be admissible for its truth?
THE COURT: It will be admissible. I'm sorry. That's right.
MS. PENZA: Thank you, Your Honor.
MR. AGNIFILO: Your Honor.
THE COURT: Yes, you have your objection.
MR. AGNIFILO: Right, but I don't see how they defeat both layers of hearsay. I mean, because it's not a statement made to this witness. It's a statement made to another person. I mean, so there's -- so it defeats the first layer of hearsay because Cami said it to a medical professional, but it's not this medical professional.
MS. PENZA: It is within the medical records.
THE COURT: It's part of a medical record. I am going to allow it.
(In open court; sidebar ends.)
THE COURT: Tell me when you are ready.
Are we ready?