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616 KB
Extraction Summary
5
People
1
Organizations
0
Locations
1
Events
3
Relationships
4
Quotes
Document Information
Type:
Court transcript
File Size:
616 KB
Summary
This document is a court transcript from August 10, 2022, detailing a legal argument among attorneys Ms. Pomerantz, Ms. Menninger, and Ms. Sternheim before a judge. The core issue is the potential use of the word "rape" in relation to a witness's prior statement, with the defense arguing it is inflammatory and prejudicial. The judge ultimately overrules the objection, stating that a witness's denial of being raped is not suggestive of the opposite and is relevant to the witness's credibility.
People (5)
| Name | Role | Context |
|---|---|---|
| MS. POMERANTZ | Attorney |
Speaking to the court about a witness's anticipated testimony and prior statements.
|
| MS. MENNINGER | Attorney |
Objecting to the use of the word "rape" by quoting a witness's statement from discovery.
|
| MS. STERNHEIM | Attorney |
Arguing that the use of the word "rape" is inflammatory and prejudicial.
|
| THE COURT | Judge |
Presiding over the hearing, addressed as 'your Honor' and 'Judge', and overrules an objection.
|
| A. Farmer | Witness |
Mentioned in the header as being under direct examination.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page as the court reporting service.
|
Timeline (1 events)
2022-08-10
Attorneys are arguing before a judge about the admissibility of a witness's prior statements and the use of the word 'rape', which the defense considers prejudicial. The judge overrules the objection.
Courtroom
Relationships (3)
They are opposing counsel in a court proceeding, arguing different sides of a legal issue before the judge.
Both appear to be on the same side (likely defense), as Ms. Sternheim adds to Ms. Menninger's argument against the use of a specific word.
Ms. Pomerantz addresses the Court as 'your Honor' and presents her legal argument for the judge's consideration.
Key Quotes (4)
"The quote in discovery is, I told her I wasn't raped, and I don't want this to ruin my life."Source
— MS. MENNINGER
(Quoting a witness's statement from discovery to argue against the use of the word 'rape' in court.)
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Quote #1
"I'm overruling."Source
— THE COURT
(The judge's ruling on the objection raised by the defense attorneys.)
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Quote #2
"A statement that she wasn't raped is not suggesting that she was raped; that's suggesting the opposite."Source
— THE COURT
(Explaining the reasoning for overruling the objection regarding the witness's prior statement.)
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Quote #3
"Judge, if I might add, it's the use of the word and knowing how inflammatory it is and the restrictions put on it to now allow them to even suggest, that is extremely loaded and extraordinarily prejudicial."Source
— MS. STERNHEIM
(Arguing against allowing the use of the word 'rape' due to its prejudicial nature.)
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Quote #4
Full Extracted Text
Complete text extracted from the document (1,574 characters)
Case 1:20-cr-00330-PAE Document 759 Filed 08/10/22 Page 66 of 267 2094
LCAVMAX2 A. Farmer - direct
LCAVMAX2 A. Farmer - direct
1 MS. POMERANTZ: My understanding, your Honor, of what
2 she's going to say is that she didn't want to talk about it;
3 that something had happened. There are times where she has
4 used that word. In our several last meetings she has not used
5 that word. But she has said, I didn't want to get into details
6 with my mom. I told her something had happened.
7 MS. MENNINGER: The quote in discovery is, I told her
8 I wasn't raped, and I don't want this to ruin my life.
9 So I'm a little worried about the "rape" word being
10 used by the witness in this context, especially because we've
11 litigated extensively that consent and --
12 MS. POMERANTZ: Your Honor, the defense has put the
13 memory of the witnesses, of the victims, at issue from the
14 start at their opening, and they are incentives.
15 THE COURT: I'm overruling.
16 It's an anticipated prior consistent statement based
17 on the clear attack on the credibility of the allegations of
18 all of the alleged victims. We'll see what comes. A statement
19 that she wasn't raped is not suggesting that she was raped;
20 that's suggesting the opposite.
21 MS. STERNHEIM: Judge, if I might add, it's the use of
22 the word and knowing how inflammatory it is and the
23 restrictions put on it to now allow them to even suggest, that
24 is extremely loaded and extraordinarily prejudicial.
25 This has nothing to do with the opening with regard to
2 she's going to say is that she didn't want to talk about it;
3 that something had happened. There are times where she has
4 used that word. In our several last meetings she has not used
5 that word. But she has said, I didn't want to get into details
6 with my mom. I told her something had happened.
7 MS. MENNINGER: The quote in discovery is, I told her
8 I wasn't raped, and I don't want this to ruin my life.
9 So I'm a little worried about the "rape" word being
10 used by the witness in this context, especially because we've
11 litigated extensively that consent and --
12 MS. POMERANTZ: Your Honor, the defense has put the
13 memory of the witnesses, of the victims, at issue from the
14 start at their opening, and they are incentives.
15 THE COURT: I'm overruling.
16 It's an anticipated prior consistent statement based
17 on the clear attack on the credibility of the allegations of
18 all of the alleged victims. We'll see what comes. A statement
19 that she wasn't raped is not suggesting that she was raped;
20 that's suggesting the opposite.
21 MS. STERNHEIM: Judge, if I might add, it's the use of
22 the word and knowing how inflammatory it is and the
23 restrictions put on it to now allow them to even suggest, that
24 is extremely loaded and extraordinarily prejudicial.
25 This has nothing to do with the opening with regard to
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00013657
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