DOJ-OGR-00016633.jpg
591 KB
Extraction Summary
7
People
1
Organizations
1
Locations
1
Events
3
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
591 KB
Summary
This document is a court transcript from August 10, 2022, detailing a legal argument about the admissibility of a witness's testimony. Attorneys Sternheim and Rohrbach debate with the judge whether a statement allegedly made by someone named Kate, "It fell into my lap," can be used as evidence to show bias concerning Mr. Hamilton. The judge rules that the statement is permissible for the jury to consider for bias, but prohibits the witness, Mr. Hamilton, from speculating on its meaning.
People (7)
| Name | Role | Context |
|---|---|---|
| MS. STERNHEIM | Attorney |
Arguing for the admissibility of testimony in a defense case.
|
| Mr. Hamilton | Subject of testimony |
A person who is to be cross-examined or whose testimony is being discussed regarding a statement made by Kate.
|
| THE COURT | Judge |
Presiding over the hearing, making a ruling on the admissibility of evidence and testimony.
|
| MR. ROHRBACH | Attorney |
Participating in the legal argument, agreeing with the court's analytical framework.
|
| Kate |
A person whose alleged statement, "It fell into my lap," is the subject of the legal argument.
|
|
| Harvey |
Mentioned in the context of a legal precedent or case ("following Harvey").
|
|
| Loftus |
Mentioned in the header, possibly a witness or related to the testimony being discussed ('Loftus - direct').
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Identified as the court reporting agency at the bottom of the document.
|
Timeline (1 events)
2022-08-10
A legal argument took place regarding the admissibility of extrinsic evidence to show bias. The specific evidence is a witness's testimony about a statement made by 'Kate'.
Courtroom in the Southern District
Locations (1)
| Location | Context |
|---|---|
|
Implied by the name of the court reporting agency, "SOUTHERN DISTRICT REPORTERS, P.C."
|
Relationships (3)
Ms. Sternheim, an attorney, is addressing the judge ('THE COURT') to argue a legal point.
Mr. Rohrbach, an attorney, responds to a question from the judge ('THE COURT').
The document discusses the admissibility of a statement by Kate as it relates to showing bias in a matter involving Mr. Hamilton.
Key Quotes (2)
"It fell into my lap."Source
— Kate (allegedly, as reported by a witness)
(A statement being discussed for its admissibility as evidence to show bias. Ms. Sternheim questions if a victim would say this, and the Court references it as what the witness said Kate said.)
DOJ-OGR-00016633.jpg
Quote #1
"I won't let Mr. Hamilton go beyond and speculate as to meaning."Source
— THE COURT
(The judge's ruling on the limits of Mr. Hamilton's testimony regarding Kate's alleged statement.)
DOJ-OGR-00016633.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,505 characters)
Case 1:20-cr-00330-PAE Document 761 Filed 08/10/22 Page 150 of 246
LCGCmax4 Loftus - direct 2445
LCGCmax4 Loftus - direct 2445
1 surrounded by the speculative mental impressions of the
2 witness, which are not admissible evidence. And the statement
3 on its own says almost nothing is an out of context statement
4 from which, on its face, doesn't say anything about Kate's
5 motives or financial interests in anything.
6 MS. STERNHEIM: Judge, can the government really, with
7 a straight face, say that a victim would say, "It fell into my
8 lap." I think it goes to the weight that the jury wants to
9 give to it and I think that it is appropriate affirmative
10 testimony to be put on in a defense case. They can make
11 whatever arguments they want, they can cross examine
12 Mr. Hamilton, but to exclude it on that basis I think is just
13 wrong.
14 THE COURT: I mean, I think we've settled on the
15 analytical framework, which is we agree, following Harvey, if
16 it is extrinsic evidence, to show bias in favor of or against a
17 party, it's permissible; right?
18 MR. ROHRBACH: Yes, we agree.
19 THE COURT: So it's really a 401 question. Is there
20 an available inference to the jury, if they believe
21 Mr. Hamilton, that the witness said that Kate said, "It fell
22 into my lap," if that goes to bias. I think there is an
23 available inference to the jury. I won't let Mr. Hamilton go
24 beyond and speculate as to meaning.
25 MS. STERNHEIM: Understood.
2 witness, which are not admissible evidence. And the statement
3 on its own says almost nothing is an out of context statement
4 from which, on its face, doesn't say anything about Kate's
5 motives or financial interests in anything.
6 MS. STERNHEIM: Judge, can the government really, with
7 a straight face, say that a victim would say, "It fell into my
8 lap." I think it goes to the weight that the jury wants to
9 give to it and I think that it is appropriate affirmative
10 testimony to be put on in a defense case. They can make
11 whatever arguments they want, they can cross examine
12 Mr. Hamilton, but to exclude it on that basis I think is just
13 wrong.
14 THE COURT: I mean, I think we've settled on the
15 analytical framework, which is we agree, following Harvey, if
16 it is extrinsic evidence, to show bias in favor of or against a
17 party, it's permissible; right?
18 MR. ROHRBACH: Yes, we agree.
19 THE COURT: So it's really a 401 question. Is there
20 an available inference to the jury, if they believe
21 Mr. Hamilton, that the witness said that Kate said, "It fell
22 into my lap," if that goes to bias. I think there is an
23 available inference to the jury. I won't let Mr. Hamilton go
24 beyond and speculate as to meaning.
25 MS. STERNHEIM: Understood.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00016633
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