Hello, this will be today's live thread for coverage of the Sandra Birchmore and Matthew Farwell trial. I am seated, with my keyboard, and we are ready to begin. Judge has reviewed new docket 364, as to one of the disputed exhibits, and something related to deputy chief Holmes which Judge has review. Judge says she will take up where we left off yesterday so counsel has the benefit of her rulings to the extent they will come up today. As to exhibits 639 and 640. There are the Dr. Leonard record and letter. Judge also read the redacted form, and the full document. Judge says counsel can be seated. Government objections were to relevance and hearsay. Judge considered those as such. The discussion yesterday did not focus on relevance but Judge considered it. Judge went back to her ruling on docket 196. Judge says she recalls she agreed with the defense that the relevant period went further back than the government contended. Still, judge thinks the relevance of 639 and 640 is less the further we get away from the issues in this case, particually where Mr. leonard's last appointment was back in March of 2012 and to be quite honest judge has looked through it and believes it is not entirely clear tyhat he saw Ms. Birchmore on that day. It's obvious that this document is hearsay, says Judge. Judge considered the exceptions including 803 (3), it's not clear that it's present sense impression because they are not Sandra's statements. It is not 803 (4) because it's not for the purpose of Sandra's diagnosis as a opposed to a joint diagnosis, also it is not clear that it meets the standard under 803 (6) as a business record and also judge considered 807, the residual exception supported by sufficient guarantee of trustworthiness and it has to be more probative than any other evidence that could be offered. Lastly, even going beyond relevance, Judge has concerns given that Dr. Leonard cannot be called (he is dead) thus I am concerned that any probative value is outweighed by unfair prejudice. in regards to 639 and 640, that will be my ruling. Excluding the document itself." DOJ wins. Sandra's records from Dr. Leonard kept out. Excellent.