DOJ-OGR-00008348.jpg
588 KB
Extraction Summary
4
People
2
Organizations
1
Locations
1
Events
3
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
588 KB
Summary
This document is a partial transcript of a court proceeding dated December 10, 2021, discussing jury instructions related to New Mexico law concerning illegal sexual activity. The Court, Mr. Everdell, and Mr. Rohrbach deliberate on how to present evidence and frame the charges for the jury, with the Court indicating it will refine the instructions for clarity. The discussion highlights the legal interpretation of 'force or coercion' in the context of the charges.
People (4)
| Name | Role | Context |
|---|---|---|
| MR. EVERDELL | Speaker/Attorney |
Participating in the discussion with the Court, addressing the judge as 'your Honor'.
|
| MR. ROHRBACH | Speaker/Attorney |
Participating in the discussion with the Court, addressing the judge as 'your Honor'.
|
| THE COURT | Judge/Court |
Presiding over the discussion, providing guidance on jury instructions, and interacting with counsel.
|
| Honor | Judge/Court |
Addressed by Mr. Everdell and Mr. Rohrbach as 'your Honor'.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| government | government agency |
Mentioned in the context of how an issue is charged and for establishing elements for the jury.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
The entity responsible for transcribing the court proceeding.
|
Timeline (1 events)
2021-12-10
Discussion between the Court and counsel regarding jury instructions, specifically concerning the interpretation of New Mexico law on illegal sexual activity and how evidence should be presented to the jury. The Court indicates it will consider the points raised and re-propose instructions.
Courtroom (implied)
Locations (1)
| Location | Context |
|---|---|
|
Referring to 'New Mexico law' regarding illegal sexual activity.
|
Relationships (3)
Mr. Everdell addresses the Court as 'your Honor' and engages in legal discussion.
Mr. Rohrbach addresses the Court as 'your Honor' and engages in legal discussion.
Both are present and participating in the same court discussion, indicating professional interaction within a legal context.
Key Quotes (5)
"I think the important point has to be captured in "as charged by the government and for purposes of establishing the elements that the jury has to consider.""Source
— THE COURT
(The Court's view on how jury instructions should frame the charges.)
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Quote #1
"I'm going to think about the best way to provide clarity to the jury so that they know what they can and what they can't do with this evidence."Source
— THE COURT
(The Court's commitment to ensuring clear jury instructions regarding evidence.)
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Quote #2
"Thank you, your Honor."Source
— MR. EVERDELL
(Response to the Court's statement.)
DOJ-OGR-00008348.jpg
Quote #3
"I'll do my best. And I'll hear from you after I re-propose."Source
— THE COURT
(The Court's commitment to revising instructions and inviting further input.)
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Quote #4
"No. Thank you, your Honor."Source
— MR. ROHRBACH
(Response to the Court's inquiry about further matters.)
DOJ-OGR-00008348.jpg
Quote #5
Full Extracted Text
Complete text extracted from the document (1,509 characters)
Case 1:20-cr-00330-PAE Document 536 Filed 12/10/21 Page 38 of 43 38
LBNAMAXTps
LBNAMAXTps
1 Honor. -- New Mexico law, that we would have a substantive
2 violation in addition for this witness. We don't. And in fact
3 I believe the government, based on the case law they're
4 citing, the issue they're raising is that there has to be force
5 involved or coercion involved for this to be something illegal.
6 And that's not how they charge it. That's never been an issue
7 in this case. We've litigated that issue quite extensively.
8 So I think it is a correct statement of law to say this is not
9 illegal sexual activity under New Mexico law, and that's what
10 the instruction should reflect to the jury.
11 THE COURT: I think the important point has to be
12 captured in "as charged by the government and for purposes of
13 establishing the elements that the jury has to consider." So I
14 hear your point. I'm going to think about the best way to
15 provide clarity to the jury so that they know what they can and
16 what they can't do with this evidence.
17 MR. EVERDELL: Thank you, your Honor.
18 THE COURT: I'll do my best. And I'll hear from you
19 after I re-propose.
20 Anything else on that?
21 MR. ROHRBACH: No. Thank you, your Honor.
22 THE COURT: Anything else, Mr. Everdell?
23 MR. EVERDELL: No, your Honor. Thank you.
24 THE COURT: All right. So next is just to go over,
25 make sure we're all on the same page -- that's all I have for
2 violation in addition for this witness. We don't. And in fact
3 I believe the government, based on the case law they're
4 citing, the issue they're raising is that there has to be force
5 involved or coercion involved for this to be something illegal.
6 And that's not how they charge it. That's never been an issue
7 in this case. We've litigated that issue quite extensively.
8 So I think it is a correct statement of law to say this is not
9 illegal sexual activity under New Mexico law, and that's what
10 the instruction should reflect to the jury.
11 THE COURT: I think the important point has to be
12 captured in "as charged by the government and for purposes of
13 establishing the elements that the jury has to consider." So I
14 hear your point. I'm going to think about the best way to
15 provide clarity to the jury so that they know what they can and
16 what they can't do with this evidence.
17 MR. EVERDELL: Thank you, your Honor.
18 THE COURT: I'll do my best. And I'll hear from you
19 after I re-propose.
20 Anything else on that?
21 MR. ROHRBACH: No. Thank you, your Honor.
22 THE COURT: Anything else, Mr. Everdell?
23 MR. EVERDELL: No, your Honor. Thank you.
24 THE COURT: All right. So next is just to go over,
25 make sure we're all on the same page -- that's all I have for
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00008348
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