Here's the response I would make.
"The note has some tendency to help prove the conspiracy, because it shows a connection between Harper and Smith and Jones. It is therefore relevant and
admissible under Rule 402. The fact that there might be an innocent explanation reduces its probative value but does not eliminate all probative value."
Again, make sure your response has all three elements:
1) A clear statement of what evidence you want admitted.
2) The rule you are invoking.
3) A brief argument or explanation.
How should the judge rule? Click here .