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Fаll 2026 - Evidence 1 - Midterm Essаy Prоfessоr Pоncy Drew is chаrged with felony vandalism after extensive damage was discovered at the Tri-State Community Center (“Center”), a federally-owned building. At approximately 11:30 p.m. on May 15, a Center employee discovered that several exterior windows had been shattered and the words “TRI STATE LIAR” had been spray-painted across the front entrance. The prosecution alleges that Drew vandalized the Center because he was angry after officials cancelled a permit for an event Drew had planned to hold there. Drew denies damaging the Center. Before trial, the prosecutor asks the court to take judicial notice of a report published on the official government website entitled “Tri-State Community Center Security Assessment.” The report was prepared by the Department of Public Safety two months before the vandalism. It states: “The Center's rear parking lot is illuminated continuously from sunset until sunrise.” The prosecutor asks the court to judicially notice both the existence of the report and the fact that the rear parking lot lights were illuminated at 11:30 p.m. on May 15. The prosecution next seeks to introduce evidence that, three weeks before the vandalism, Drew attended a Center board meeting concerning cancellation of his permit. During the meeting, Drew told a Center employee: “You're going to regret doing this to me.” The prosecution also seeks to introduce a printed image depicting a person wearing a dark sweatshirt standing near the Center's rear entrance at approximately 11:20 p.m. The prosecutor explains that the image was obtained from a surveillance camera mounted on a business across the street. The business owner, Pat, testifies: “That's a printout from my security system. My cameras record the area outside my business continuously.” Pat admits, however, that Pat did not personally see the person depicted in the image, does not know precisely how the camera system records or stores images, and did not personally retrieve the image. Two days after the vandalism, but before Drew was arrested, a U.S. Attorney, acting on behalf of the federal government to investigate and pursue a civil property-damage claim against Drew, contacted Drew. At that time, the Center believed Drew might be responsible for the damage and was considering bringing a civil action against him for the cost of repairs. The attorney told Drew: “The Center estimates the damage at $25,000. If you pay $15,000, the Center is willing to settle its property-damage claim and avoid litigation.” Drew responded: “I'll pay $10,000. There's no way I caused $25,000 in damage.” The Center rejected Drew's offer. At Drew's subsequent criminal trial, the prosecutor seeks to introduce Drew's $10,000 offer as proof of Drew’s guilt. Assume all proceedings take place in federal court and the Federal Rules of Evidence apply. Do not discuss hearsay, character evidence, or any doctrine besides Relevance, Judicial Notice, Authentication, and Public Policy. How should the court rule on the following: 1) Prosecution’s requests to take judicial notice of the existence and contents of the Center’s Security Assessment and the fact that the parking lot lights were illuminated at 11:30 p.m. on May 15? Discuss. 2) Drew's statement at the Center board meeting? Discuss. 3) The surveillance image? Discuss. 4) Drew’s offer to settle the civil case? Discuss.