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590 KB

Extraction Summary

6
People
1
Organizations
1
Locations
2
Events
4
Relationships
5
Quotes

Document Information

Type: Legal document
File Size: 590 KB
Summary

This document is a court transcript from August 10, 2022, detailing a sidebar conversation between attorneys Ms. Pomerantz, Ms. Menninger, and the judge. The discussion revolves around the admissibility of a witness's testimony concerning her reasons for feeling comfortable going on a trip to New Mexico. The judge sustains Ms. Menninger's objection, ruling that testimony about what the witness's mother told her regarding who would be on the trip constitutes inadmissible hearsay, and instructs counsel on how to rephrase the questions to avoid this issue.

People (6)

Name Role Context
A. Farmer Witness
Mentioned in the header of the transcript, indicating this is from her direct examination.
MS. POMERANTZ Counsel/Attorney
Speaking to the court, arguing for the admission of certain testimony.
MS. MENNINGER Counsel/Attorney
Speaking to the court, objecting to testimony as hearsay.
THE COURT Judge
Presiding over the proceeding, ruling on objections, and instructing counsel.
Epstein
Mentioned as a party to a conversation with the witness's mother.
Unnamed mother Witness's mother
Referenced multiple times as the source of potential hearsay information told to the witness.

Organizations (1)

Name Type Context
SOUTHERN DISTRICT REPORTERS, P.C. company
Listed at the bottom of the page as the court reporting service.

Timeline (2 events)

2022-08-10
A sidebar discussion during the direct examination of witness A. Farmer regarding the admissibility of testimony about her state of mind for a trip to New Mexico.
Courtroom
A trip to New Mexico taken by the witness.
New Mexico

Locations (1)

Location Context
Mentioned as the destination of a trip that is the subject of the testimony.

Relationships (4)

MS. POMERANTZ professional THE COURT
Ms. Pomerantz addresses the Court as 'your Honor' and argues a legal point during a proceeding.
MS. MENNINGER professional THE COURT
Ms. Menninger addresses the Court as 'your Honor' and makes a legal objection.
MS. POMERANTZ professional MS. MENNINGER
They are opposing counsel in a legal proceeding, with Ms. Menninger objecting to Ms. Pomerantz's line of questioning.
Epstein associates Unnamed mother
A conversation between them is mentioned, suggesting they knew each other.

Key Quotes (5)

"Your Honor, this is backdoor hearsay."
Source
— MS. MENNINGER (Objecting to the line of questioning by Ms. Pomerantz.)
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Quote #1
"It is backdoor hearsay."
Source
— THE COURT (Agreeing with Ms. Menninger's objection.)
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Quote #2
"But to the extent you're eliciting -- which you clearly are -- hearsay as to what her mother told her about who would be there, objection sustained."
Source
— THE COURT (Explaining the ruling on the hearsay objection to counsel.)
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Quote #3
"Her mother is testifying; so if there's a conversation between Epstein and her mother, I understand that that would perhaps come in through the mother."
Source
— MS. MENNINGER (Suggesting an alternative, non-hearsay way to introduce evidence of a conversation.)
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Quote #4
"Counsel, the other thing you can say is after you had your conversation with your mother, did you then go to New Mexico. And again, you can ask her about her own experience, but not elicit the hearsay of what her mother told"
Source
— THE COURT (Instructing Ms. Pomerantz on how to properly question the witness without eliciting hearsay.)
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Quote #5

Full Extracted Text

Complete text extracted from the document (1,487 characters)

Case 1:20-cr-00330-PAE Document 759 Filed 08/10/22 Page 44 of 267
LCAVMAX2 A. Farmer - direct
1 (At sidebar)
2 MS. POMERANTZ: Thank you, your Honor.
3 This information is being asked not for the truth of
4 the matter being asserted, but for her state of mind for what
5 was in her mind at the time that she was going to New Mexico,
6 why she felt comfortable, why she felt more comfortable going
7 to this trip. It's not being offered for the truth of the
8 matter; it's being offered for what her state of mind was when
9 she was going on this trip to New Mexico.
10 MS. MENNINGER: Your Honor, this is backdoor hearsay.
11 THE COURT: It is backdoor hearsay.
12 You can ask her about going on the trip, why she went
13 and why she was comfortable. But to the extent you're
14 eliciting -- which you clearly are -- hearsay as to what her
15 mother told her about who would be there, objection sustained.
16 MS. POMERANTZ: Okay.
17 MS. MENNINGER: Her mother is testifying; so if
18 there's a conversation between Epstein and her mother, I
19 understand that that would perhaps come in through the mother.
20 THE COURT: Right.
21 MS. POMERANTZ: Okay. Thank you, your Honor.
22 THE COURT: Counsel, the other thing you can say is
23 after you had your conversation with your mother, did you then
24 go to New Mexico. And again, you can ask her about her own
25 experience, but not elicit the hearsay of what her mother told
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00016260

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