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548 KB
Extraction Summary
3
People
1
Organizations
0
Locations
1
Events
3
Relationships
4
Quotes
Document Information
Type:
Court transcript
File Size:
548 KB
Summary
This court transcript from August 10, 2022, captures a legal debate over the admissibility of evidence. Attorney Ms. Menninger attempts to impeach a witness's claim of being homeless by showing a document of their current residence, but opposing counsel Ms. Comey objects, citing evidence rules. The judge sustains the objection, agreeing the evidence is not proper for impeachment under the circumstances.
People (3)
| Name | Role | Context |
|---|---|---|
| THE COURT | Judge |
Presiding over the legal proceeding, asking questions, and making rulings on objections.
|
| MS. MENNINGER | Attorney |
Arguing to introduce evidence to impeach a witness's testimony.
|
| MS. COMEY | Attorney |
Objecting to the introduction of evidence proposed by Ms. Menninger.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the page, likely the court reporting agency that transcribed the proceeding.
|
Timeline (1 events)
2022-08-10
A legal argument regarding the admissibility of evidence to impeach a witness. Ms. Menninger attempts to use a document showing a witness's current home to contradict their testimony about being homeless. Ms. Comey objects based on Rules of Evidence 408(b) and 609. The Court sustains the objection.
Courtroom
Relationships (3)
They are opposing counsel in a legal proceeding, with Ms. Comey successfully objecting to evidence Ms. Menninger is attempting to introduce.
Ms. Menninger is an attorney presenting an argument to the judge (THE COURT) and questioning the basis of the judge's ruling.
Key Quotes (4)
"Because it shows the house and the street that she lives on which is very different from what she described as her childhood home. She said we were homeless."Source
— MS. MENNINGER
(Explaining to the Court how a document serves to impeach a witness's prior testimony.)
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Quote #1
"I think it is a clear violation of Rule 408(b). They're trying to offer extrinsic evidence. It's not a prior inconsistent statement. It's not something that falls under the criminal convictions contemplated by Rule 609."Source
— MS. COMEY
(Stating the legal grounds for objecting to the introduction of Ms. Menninger's evidence.)
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Quote #2
"I'll sustain. What's next?"Source
— THE COURT
(Ruling in favor of Ms. Comey's objection and moving the proceeding forward.)
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Quote #3
"Rule 16. She recognized the street. The document is a current photograph. She seemed to me that she recognized the street because the document indicated the street on it. She was reading the document. So also not impeaching."Source
— THE COURT
(Providing the reasoning for the ruling after being questioned by Ms. Menninger.)
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Quote #4
Full Extracted Text
Complete text extracted from the document (1,485 characters)
Case 1:20-cr-00330-PAE Document 743 Filed 08/10/22 Page 233 of 247
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392
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1 3, your Honor.
2 THE COURT: How did page 3 impeach?
3 MS. MENNINGER: Because it shows the house and the
4 street that she lives on which is very different from what she
5 described as her childhood home. She said we were homeless.
6 MS. COMEY: Your Honor, A, that's not accurate, and B,
7 I think it is a clear violation of Rule 408(b). They're trying
8 to offer extrinsic evidence. It's not a prior inconsistent
9 statement. It's not something that falls under the criminal
10 convictions contemplated by Rule 609. This is clearly
11 precluded by the rules of evidence.
12 THE COURT: I'll sustain. What's next?
13 MS. MENNINGER: On what grounds, your Honor? On a
14 Rule 16 violation?
15 THE COURT: Rule 16. She recognized the street. The
16 document is a current photograph. She seemed to me that she
17 recognized the street because the document indicated the street
18 on it. She was reading the document. So also not impeaching.
19 MS. MENNINGER: We'll find another way to introduce
20 it, your Honor.
21 THE COURT: I'm sorry, can you --
22 MS. MENNINGER: We will try to find another way to
23 introduce it.
24 THE COURT: Okay.
25 MS. COMEY: Your Honor, to the extent it's going to be
2 THE COURT: How did page 3 impeach?
3 MS. MENNINGER: Because it shows the house and the
4 street that she lives on which is very different from what she
5 described as her childhood home. She said we were homeless.
6 MS. COMEY: Your Honor, A, that's not accurate, and B,
7 I think it is a clear violation of Rule 408(b). They're trying
8 to offer extrinsic evidence. It's not a prior inconsistent
9 statement. It's not something that falls under the criminal
10 convictions contemplated by Rule 609. This is clearly
11 precluded by the rules of evidence.
12 THE COURT: I'll sustain. What's next?
13 MS. MENNINGER: On what grounds, your Honor? On a
14 Rule 16 violation?
15 THE COURT: Rule 16. She recognized the street. The
16 document is a current photograph. She seemed to me that she
17 recognized the street because the document indicated the street
18 on it. She was reading the document. So also not impeaching.
19 MS. MENNINGER: We'll find another way to introduce
20 it, your Honor.
21 THE COURT: I'm sorry, can you --
22 MS. MENNINGER: We will try to find another way to
23 introduce it.
24 THE COURT: Okay.
25 MS. COMEY: Your Honor, to the extent it's going to be
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00017595
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