DOJ-OGR-00011671.jpg
634 KB
Extraction Summary
4
People
2
Organizations
0
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
634 KB
Summary
This document is a court transcript from August 10, 2022, detailing a conversation between a judge and an attorney, Mr. Everdell. The judge outlines the protocol for showing electronic evidence to a witness who is testifying under a pseudonym, expressing concern that the material could inadvertently reveal the witness's identity to the gallery. The judge agrees to the proposed method of using limited screens, provided the government is kept fully aware and paper copies are available as a backup.
People (4)
| Name | Role | Context |
|---|---|---|
| THE COURT | Judge |
Speaker in the transcript, outlining procedures and concerns for displaying evidence to a witness.
|
| MR. EVERDELL | Counsel/Attorney |
Speaker in the transcript, responding to the Court's instructions.
|
| unnamed witness | Witness |
A person testifying under a pseudonym whose identity must be protected.
|
| unnamed deputy | Deputy |
Mentioned in the context of having a screen where evidence would be displayed.
|
Organizations (2)
| 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.
|
| government | government agency |
Mentioned as a party in the legal proceeding that needs to be aware of what evidence is shown to the witness and has ...
|
Timeline (1 events)
2022-08-10
A discussion in court between the judge and counsel regarding the logistics of presenting electronic evidence to a witness testifying under a pseudonym.
Courtroom
Relationships (1)
The document is a transcript of a formal dialogue between a judge ('THE COURT', addressed as 'your Honor') and a lawyer ('MR. EVERDELL') during a legal proceeding.
Key Quotes (3)
"One, where I've allowed a witness to testify under pseudonym, it's possible that the material that you're using would identify the witness."Source
— THE COURT
(The judge explaining the primary concern with displaying electronic evidence in the courtroom.)
DOJ-OGR-00011671.jpg
Quote #1
"And so because of the way the room is structured with counsel table screens viewable to the gallery, we have to be cautious of that."Source
— THE COURT
(Explaining the physical courtroom layout as a reason for caution.)
DOJ-OGR-00011671.jpg
Quote #2
"Totally clear, your Honor. Absolutely."Source
— MR. EVERDELL
(Acknowledging and agreeing to the judge's instructions and conditions.)
DOJ-OGR-00011671.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (2,019 characters)
Case 1:20-cr-00330-PAE Document 741 Filed 08/10/22 Page 6 of 106 6
LBTVMAX1
LBTVMAX1
1 THE COURT: What I was going to say to that request is
2 essentially what you've done, which is that I'm happy to try
3 with the electronic. So, of course, the concern is that where
4 I've -- in particular, where I have -- I suppose there's two
5 concerns. One, where I've allowed a witness to testify under
6 pseudonym, it's possible that the material that you're using
7 would identify the witness. And so because of the way the room
8 is structured with counsel table screens viewable to the
9 gallery, we have to be cautious of that.
10 And your suggestion was to not put it on counsel's
11 screens, but to put it on my screen, the witness screen, my
12 deputy's screen. And what I was going to say to that is I'm
13 happy to try that, so long as it's completely clear to the
14 government what it is that the witness is looking at and what
15 you're directing the witness to so that there's no discrepancy
16 between what the government is aware that you're showing the
17 witness and what you're showing the witness.
18 So I'm happy to try that so long as you've got paper
19 to enable if that were to fail or if, in any event, so that the
20 government can have precisely what you're showing the witness,
21 and that you're fully describing on the record any aspect of
22 the document that you're identifying for the witness.
23 MR. EVERDELL: Totally clear, your Honor. Absolutely.
24 And the government has informed us that they have
25 copies of the 3500 material, of course, and they have copies of
2 essentially what you've done, which is that I'm happy to try
3 with the electronic. So, of course, the concern is that where
4 I've -- in particular, where I have -- I suppose there's two
5 concerns. One, where I've allowed a witness to testify under
6 pseudonym, it's possible that the material that you're using
7 would identify the witness. And so because of the way the room
8 is structured with counsel table screens viewable to the
9 gallery, we have to be cautious of that.
10 And your suggestion was to not put it on counsel's
11 screens, but to put it on my screen, the witness screen, my
12 deputy's screen. And what I was going to say to that is I'm
13 happy to try that, so long as it's completely clear to the
14 government what it is that the witness is looking at and what
15 you're directing the witness to so that there's no discrepancy
16 between what the government is aware that you're showing the
17 witness and what you're showing the witness.
18 So I'm happy to try that so long as you've got paper
19 to enable if that were to fail or if, in any event, so that the
20 government can have precisely what you're showing the witness,
21 and that you're fully describing on the record any aspect of
22 the document that you're identifying for the witness.
23 MR. EVERDELL: Totally clear, your Honor. Absolutely.
24 And the government has informed us that they have
25 copies of the 3500 material, of course, and they have copies of
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00011671
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