DOJ-OGR-00011643.jpg
597 KB
Extraction Summary
4
People
2
Organizations
0
Locations
1
Events
3
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
597 KB
Summary
This document is a page from a court transcript dated August 10, 2022, from case 1:20-cr-00330-PAE. The transcript captures a discussion between the judge, Ms. Menninger, and Mr. Rohrbach regarding the rules for disclosing expert testimony and the scope of evidence contained on several hard drives marked as exhibits. The attorneys debate the government's representations about which documents will be used, and Mr. Rohrbach clarifies that a witness, Mr. Kelso, will testify on the general principles of document creation.
People (4)
| Name | Role | Context |
|---|---|---|
| THE COURT | Judge |
Speaker in the transcript, addressing counsel about expert testimony and disclosure requirements.
|
| MS. MENNINGER | Attorney |
Speaker in the transcript, addressing the court regarding the scope of evidence, specifically 'marked exhibits' on ha...
|
| MR. ROHRBACH | Attorney |
Speaker in the transcript, clarifying the purpose of marking hard drives and the nature of Mr. Kelso's expected testi...
|
| Mr. Kelso | Witness |
Mentioned by Mr. Rohrbach as someone who will testify about general principles associated with the creation of docume...
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page as the court reporting agency.
|
| government | government agency |
Mentioned by Ms. Menninger in the context of its notice, marked exhibits, and representations about evidence.
|
Timeline (1 events)
2022-08-10
A discussion during a court proceeding about procedural matters related to expert testimony and the handling of digital evidence (hard drives) for an upcoming trial.
Courtroom
Relationships (3)
The document shows a formal interaction between a judge (THE COURT) and an attorney (MS. MENNINGER) during a legal proceeding.
The document shows a formal interaction between a judge (THE COURT) and an attorney (MR. ROHRBACH) during a legal proceeding.
They are both attorneys participating in the same court proceeding, likely representing opposing sides, as they discuss the government's evidence and representations.
Key Quotes (3)
"What I would just say is, if your expert, looking at the 3500 material and the disclosure, has different expert views, you need to notice those now."Source
— THE COURT
(Instructing counsel on the requirement to disclose changes in expert testimony.)
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Quote #1
"Your Honor, some of the "marked exhibits" are a placeholder for an entire hard drive that has any number of documents on it."Source
— MS. MENNINGER
(Explaining her concern about the ambiguity of what evidence the government will be referring to from the hard drives.)
DOJ-OGR-00011643.jpg
Quote #2
"Those drives are marked for identification for authentication purposes, but to the extent that the point is that Mr. Kelso is going to testify about general principles associated with the creation of documents"Source
— MR. ROHRBACH
(Clarifying the purpose of the marked hard drives and the scope of Mr. Kelso's testimony.)
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Quote #3
Full Extracted Text
Complete text extracted from the document (1,503 characters)
Case 1:20-cr-00330-PAE Document 739 Filed 08/10/22 Page 22 of 43 22
LBNAMAXTps
LBNAMAXTps
1 whether they're going to cross the line from pure fact
2 testimony to expert testimony, I think we can deal with it at
3 that time.
4 THE COURT: OK. What I would just say is, if your
5 expert, looking at the 3500 material and the disclosure, has
6 different expert views, you need to notice those now. But to
7 the extent it's something that comes out at trial, that
8 couldn't have been anticipated, then you can notice down the
9 road.
10 So just in terms of what, if your expert has testimony
11 now that's different from what's anticipated in light of the
12 government's notice and the marked exhibits and 3500 material,
13 when would you like to provide additional notice?
14 MS. MENNINGER: Your Honor, some of the "marked
15 exhibits" are a placeholder for an entire hard drive that has
16 any number of documents on it. If the government is now
17 representing they will only be referring to the documents that
18 are separately marked and not to exhibits that say "hard drive
19 58," "hard drive 85," "hard drive 96," we could do that, but
20 they haven't made that representation.
21 THE COURT: Fair enough.
22 MR. ROHRBACH: Those drives are marked for
23 identification for authentication purposes, but to the extent
24 that the point is that Mr. Kelso is going to testify about
25 general principles associated with the creation of documents
2 testimony to expert testimony, I think we can deal with it at
3 that time.
4 THE COURT: OK. What I would just say is, if your
5 expert, looking at the 3500 material and the disclosure, has
6 different expert views, you need to notice those now. But to
7 the extent it's something that comes out at trial, that
8 couldn't have been anticipated, then you can notice down the
9 road.
10 So just in terms of what, if your expert has testimony
11 now that's different from what's anticipated in light of the
12 government's notice and the marked exhibits and 3500 material,
13 when would you like to provide additional notice?
14 MS. MENNINGER: Your Honor, some of the "marked
15 exhibits" are a placeholder for an entire hard drive that has
16 any number of documents on it. If the government is now
17 representing they will only be referring to the documents that
18 are separately marked and not to exhibits that say "hard drive
19 58," "hard drive 85," "hard drive 96," we could do that, but
20 they haven't made that representation.
21 THE COURT: Fair enough.
22 MR. ROHRBACH: Those drives are marked for
23 identification for authentication purposes, but to the extent
24 that the point is that Mr. Kelso is going to testify about
25 general principles associated with the creation of documents
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00011643
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