Court Motion to Exclude Childhood Character Evidence in Giuffre Defamation Case

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 26 H3VOGIU1 Turning next to plaintiff's motion in limine number 11. This is a related issue. We ask that the Court exclude characterizations of Ms. Giuffre's bad behavior during her childhood, including characterizations of her as a bad child or a runaway. Defendant's response to this tries to conflate two separate things; prior bad acts, an assault on her character on one hand, with a reputation for truthfulness of another. Prior bad acts she may have committed as a child, like running away, is inadmissible and a defamation action where the damages relate to her reputation. That she ran away from home or was an ill-behaved child does not go to truthfulness. These events also do not go to her reputation. Her reputation for truthfulness as an adult prior to the defamation is the only reputation that's at issue in this case. Defendant's defamatory statements damaged Ms. Giuffre's reputation when she was in her 30s. This does not open the door into evidence of Ms. Giuffre's generalized character, particularly one from a troubled childhood. Occurrences, such as running away from her home when she was a child, are simply prior bad acts under Rule 404 that should be excluded. They should also b xcluded under Rule 405 because this is introduction of evidence to try to show her character. And Rule 608(a) also limits evidence and testimony about a witness' reputation for having a character for truthfulness or untruthfulness, it doesn't come in under that rule. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011329