the defense raised their objections, based on hearsay grounds, to the government’s exhibit 2 seriesand 3 series. The defendant’s objections to these exhibits are without merit and should be denied
by this Court.
II. Authorities and ArgumentsA. The Recorded Statements Are Not Hearsay
A trial court has “wide discretion to admit or exclude evidence where the question is one of relevance or materiality.” United States v. Morgan, 581 F.2d 933, 936 (D.C. Cir. 1978)), cert.denied, 120 S. Ct. 81 (1999); Brooke v. United States, 385 F.2d 279, 286 (1967). A trial court’sruling upon the relevancy of evidence similarly “depends upon the exercise of the sound discretionof the trial judge and will not be disturbed upon appeal except for grave abuse.” Hardy v. UnitedStates, 335 F.2d 288, 289 (1964). Harper v. United States, 239 F.2d 945 (1956).As a general rule, hearsay is not admissible in federal courts. Fed. R. Evid. 802. “ ‘Hearsay’is a statement, other than one made by the declarant while testifying at the trial or hearing, offeredin evidence to prove the truth of the matter asserted.” Fed. R. Evid. 801(c). But such a statementmay be admitted to serve a non-hearsay purpose, such as elucidating a speaker’s or a listener’s stateof mind, United States v. Sesay, 313 F.3d 591, 599 (D.C. Cir. 2002), or providing backgroundinformation, United States v. Gatling, 96 F.3d 1511, 1524 (D.C. Cir. 1996). See also Fed. R. Evid.801(c) Advisory Committee Notes to 1972 Proposed Rules (noting that “verbal conduct which isassertive but offered as a basis for inferring something other than the matter asserted, [is] excludedfrom the definition of hearsay by the language of subdivision (c).”); D. Binder, Hearsay Handbook,§ 2.9 at 2-27 (4th ed. 2001) (“An out-of-court assertion, regardless of its truth, may imply ...The defendant’s objections to these exhibits are attached to this pleading as Exhibit A.
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