The Transcript of portions of the tape recording of the Pacifica Foundation Board Meeting on September 17, 2000, is not hearsay. It is a competent record of admissions by party-opponents under FRE 801(2).

The Transcript is authenticated by the Declaration of Gary D. Evans that he was personally present throughout the board meeting, that he personally tape recorded the meeting, and that he personally transcribed the tape recording.

The original tape recording cassettes are submitted herewith attached as "Exhibit A" to the Supplemental Declaration of Gary D. Evans.

The tape recording reveals that at times the speakers spoke simultaneously and that making an accurate transcription must have been difficult. Comparison the actual audiotape with the Transcript prepared by Mr. Evans Transcript and the Transcript of the same portion of the board meeting submitted by Defendants (Temchine Declaration in Support of Defendants’ Opposition to Plaintiffs’ Motion to Disqualify Defendants’ Counsel, Exhibit D, Transcript, 36:8 - 64:9) shows that both Transcripts of that portion of the board meeting are substantially accurate, although the Defendants’ Transcript has been "cleaned up" to eliminate the "uhs," and does not reflect when the speakers were speaking simultaneously.

Therefore, the tape cassettes and the Transcript prepared by Mr. Evans should be admitted in evidence and considered by the Court.

Dated: __________________

 

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