DOJ-OGR-00014557.jpg
555 KB
Extraction Summary
5
People
1
Organizations
0
Locations
1
Events
3
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
555 KB
Summary
This document is a court transcript from August 10, 2022, where the jury is not present. A lawyer, Ms. Moe, makes an application to the court, objecting to the defense counsel's summation, arguing that they referred to facts not in evidence. As a specific example, she states that Ms. Menninger read an email from someone named Kate that the court had previously ruled inadmissible.
People (5)
| Name | Role | Context |
|---|---|---|
| PAGLIUCA | Mr. |
Addressed by the Court, states he has no matters to take up.
|
| Moe | Ms. |
A lawyer making an application to the Court regarding the defense's summation, arguing they referred to facts not in ...
|
| Menninger | Ms. |
Mentioned by Ms. Moe as having read an email from Kate into the record which was precluded from evidence. Likely defe...
|
| Kate |
Mentioned as the sender of an email that Ms. Menninger read into the record.
|
|
| Honor | Judge |
Title used to address the judge presiding over the court proceedings.
|
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
A discussion between the Court and lawyers (Ms. Moe, Mr. Pagliuca) with the jury not present. Ms. Moe makes an application regarding the defense counsel's summation.
Courtroom
THE COURT
MR. PAGLIUCA
MS. MOE
Relationships (3)
MS. MOE
→
professional
→
THE COURT
Ms. Moe is a lawyer addressing the judge ('your Honor') and making a formal application during a legal proceeding.
MR. PAGLIUCA
→
professional
→
THE COURT
Mr. Pagliuca is a lawyer addressing the judge ('your Honor') in a legal proceeding.
MS. MOE
→
professional (adversarial)
→
Ms. Menninger
Ms. Moe is objecting to an action taken by Ms. Menninger during the trial, indicating they are likely opposing counsel.
Key Quotes (2)
"There were a number of points during defense counsel's summations where they referred to facts which are not in evidence and testified to things which are not in evidence."Source
— MS. MOE
(Explaining the basis for her application to the Court for a curative instruction to the jury.)
DOJ-OGR-00014557.jpg
Quote #1
"I believe Ms. Menninger read into the record an email from Kate which the Court expressly precluded and which is not in evidence."Source
— MS. MOE
(Providing a specific example to the Court of the defense counsel referring to facts not in evidence.)
DOJ-OGR-00014557.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,349 characters)
Case 1:20-cr-00330-PAE Document 767 Filed 08/10/22 Page 157 of 257
LCKCmax7
LCKCmax7
1 (Jury not present)
2 THE COURT: Matters to take up?
3 MR. PAGLIUCA: No, your Honor.
4 THE COURT: Ms. Moe?
5 MS. MOE: Yes, your Honor. We would like to make an
6 application, if possible, could we do so when we return from
7 the break? I just want to confer with my colleagues on the
8 particulars of our application with respect to the defense
9 summation. We wanted to look at the transcript in particular.
10 THE COURT: Well, why don't you raise it and then
11 we'll take a short break?
12 MS. MOE: Yes, your Honor. There were a number of
13 points during defense counsel's summations where they referred
14 to facts which are not in evidence and testified to things
15 which are not in evidence. And for that reason, we would
16 respectfully request that the Court give a curative
17 instruction, essentially in reminding the jurors that it's
18 their recollection of the evidence that controls and not what
19 the lawyers say.
20 I think, in particular, there is one example, I
21 believe Ms. Menninger read into the record an email from Kate
22 which the Court expressly precluded and which is not in
23 evidence.
24 THE COURT: What exhibit?
25 MS. MOE: I don't have the number in front of me, but
2 THE COURT: Matters to take up?
3 MR. PAGLIUCA: No, your Honor.
4 THE COURT: Ms. Moe?
5 MS. MOE: Yes, your Honor. We would like to make an
6 application, if possible, could we do so when we return from
7 the break? I just want to confer with my colleagues on the
8 particulars of our application with respect to the defense
9 summation. We wanted to look at the transcript in particular.
10 THE COURT: Well, why don't you raise it and then
11 we'll take a short break?
12 MS. MOE: Yes, your Honor. There were a number of
13 points during defense counsel's summations where they referred
14 to facts which are not in evidence and testified to things
15 which are not in evidence. And for that reason, we would
16 respectfully request that the Court give a curative
17 instruction, essentially in reminding the jurors that it's
18 their recollection of the evidence that controls and not what
19 the lawyers say.
20 I think, in particular, there is one example, I
21 believe Ms. Menninger read into the record an email from Kate
22 which the Court expressly precluded and which is not in
23 evidence.
24 THE COURT: What exhibit?
25 MS. MOE: I don't have the number in front of me, but
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00014557
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