Mr. Rohrbach agrees that the charging theory is based on New York, not New Mexico, law but raises a point about the legal accuracy of jury instructions regarding the legality of conduct in New Mexico.
This court transcript from December 10, 2021, details a discussion between attorney Mr. Rohrbach and the judge regarding the legal framework of the case. They clarify that the charges are based on New York statutes, not New Mexico law, despite alleged sexual conduct occurring in New Mexico. The judge reiterates a prior instruction, explaining that because the witness was over the age of consent in New Mexico at the time, the conduct there was not illegal under local law, a point relevant for jury instruction.
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