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Extraction Summary
6
People
2
Organizations
0
Locations
1
Events
1
Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
692 KB
Summary
This document is page 5 of a legal filing (Document 380 in Case 1:20-cr-00330-PAE) dated October 29, 2021. In it, the Government requests that the Court implement protective measures for several minor victims and related witnesses, such as using pseudonyms or first names only during trial and sealing exhibits containing their full names. The filing argues that these measures are necessary to protect the victims from harassment and are legally permissible limitations on the defendant's Confrontation Clause rights.
People (6)
| Name | Role | Context |
|---|---|---|
| Minor Victim-1 | Minor Victim |
Mentioned as one of the minor victims for whom the Government requests the use of a pseudonym at trial.
|
| Minor Victim-3 | Minor Victim |
Mentioned as one of the minor victims for whom the Government requests the use of a pseudonym at trial.
|
| Minor Victim-4 | Minor Victim |
Mentioned as one of the minor victims for whom the Government requests the use of only their first name at trial.
|
| Minor Victim-6 | Minor Victim |
Mentioned as one of the minor victims for whom the Government requests the use of only their first name at trial.
|
| Figueroa | Party in a cited case |
Mentioned in the case citation 'United States v. Figueroa, 548 F.3d 222, 227 (2d Cir. 2008)' regarding the Confrontat...
|
| Al Farekh | Party in a cited case |
Mentioned in the case citation 'United States v. Al Farekh, 810 F. App’x 21, 25 (2d Cir. 2020)' regarding limits on c...
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Government | government agency |
The entity requesting protective measures for minor victims and witnesses in a legal case.
|
| Court | judicial body |
The entity being asked to preclude the defense from eliciting certain details and to seal exhibits.
|
Timeline (1 events)
2021-10-29
The Government filed a motion (Document 380) in case 1:20-cr-00330-PAE requesting protective measures for minor victims and witnesses at trial.
Relationships (1)
The Government is filing a motion to protect the identities of Minor Victims from public disclosure to prevent harassment and embarrassment.
Key Quotes (1)
"wide latitude . . . to impose reasonable limits . . . on . . . cross-examination based on concerns about, among other things, harassment, prejudice, . . . or the witness’s safety."Source
— United States v. Al Farekh, 810 F. App’x 21, 25 (2d Cir. 2020)
(Cited to support the argument that a defendant's right to cross-examine witnesses under the Confrontation Clause is not absolute and can be limited by trial courts.)
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Quote #1
Full Extracted Text
Complete text extracted from the document (2,027 characters)
Case 1:20-cr-00330-PAE Document 380 Filed 10/29/21 Page 5 of 54
protect against unnecessary public disclosure of their identities, in order to protect the Minor
Victims from potential harassment from the media and others, undue embarrassment, and other
adverse consequences.
Victims from potential harassment from the media and others, undue embarrassment, and other
adverse consequences.
Specifically, the Government requests that (1) that Minor Victim-1, Minor Victim-3, and
certain witnesses related to them be referred to at trial using only pseudonyms; (2) Minor
Victim-4, Minor Victim-6, and certain witnesses related to them be referred to at trial using only
their first names; (3) the Court preclude the defense from eliciting personally identifying details
of those witnesses; and (4) the Court seal exhibits that contain the first and/or last names of
witnesses which are not otherwise permitted to be stated at trial. Below, we address the
applicable law, before turning to the specific relief the Government requests in this case.¹
certain witnesses related to them be referred to at trial using only pseudonyms; (2) Minor
Victim-4, Minor Victim-6, and certain witnesses related to them be referred to at trial using only
their first names; (3) the Court preclude the defense from eliciting personally identifying details
of those witnesses; and (4) the Court seal exhibits that contain the first and/or last names of
witnesses which are not otherwise permitted to be stated at trial. Below, we address the
applicable law, before turning to the specific relief the Government requests in this case.¹
A. Applicable Law
The Confrontation Clause guarantees defendants the right to cross-examine witnesses
who testify against them. See, e.g., United States v. Figueroa, 548 F.3d 222, 227 (2d Cir. 2008).
This right, however, is not absolute. A defendant’s rights under the Confrontation Clause must
yield to accommodate other legitimate interests in the criminal trial process. See, e.g., id. For
instance, trial courts have “wide latitude . . . to impose reasonable limits . . . on . . . cross-
examination based on concerns about, among other things, harassment, prejudice, . . . or the
witness’s safety.” United States v. Al Farekh, 810 F. App’x 21, 25 (2d Cir. 2020) (summary
who testify against them. See, e.g., United States v. Figueroa, 548 F.3d 222, 227 (2d Cir. 2008).
This right, however, is not absolute. A defendant’s rights under the Confrontation Clause must
yield to accommodate other legitimate interests in the criminal trial process. See, e.g., id. For
instance, trial courts have “wide latitude . . . to impose reasonable limits . . . on . . . cross-
examination based on concerns about, among other things, harassment, prejudice, . . . or the
witness’s safety.” United States v. Al Farekh, 810 F. App’x 21, 25 (2d Cir. 2020) (summary
¹ Simultaneously with the filing of this motion, the Government is filing a sealed letter providing
the names of the Minor Victims and witnesses identified in this section, along with certain other
personal information. The Government requests that the defense omit identifying information
from its response brief or permit the Government an opportunity to seek necessary redactions or
sealing.
the names of the Minor Victims and witnesses identified in this section, along with certain other
personal information. The Government requests that the defense omit identifying information
from its response brief or permit the Government an opportunity to seek necessary redactions or
sealing.
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DOJ-OGR-00005398
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