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601 KB
Extraction Summary
5
People
1
Organizations
0
Locations
1
Events
3
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
601 KB
Summary
This document is a court transcript from August 10, 2022, capturing a legal discussion between a judge and several attorneys (Sternheim, Pagliuca, Rohrbach). The main topic is the formulation of jury instructions and closing arguments, with Mr. Rohrbach arguing for the inclusion of a 'conscious avoidance theory' on behalf of the government. The judge acknowledges the argument as a 'fair point' and considers giving the instruction, while also mentioning a theory related to flight records.
People (5)
| Name | Role | Context |
|---|---|---|
| THE COURT | Judge |
Speaker in the transcript, presiding over the legal discussion.
|
| MS. STERNHEIM | Attorney |
Speaker in the transcript, participating in the legal argument.
|
| MR. PAGLIUCA | Attorney |
Speaker in the transcript, participating in the legal argument.
|
| MR. ROHRBACH | Attorney |
Speaker in the transcript, arguing for the government's position on jury instructions.
|
| Your Honor | Judge |
Title used by Mr. Rohrbach to address the judge (THE COURT).
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page, likely the court reporting service that transcribed the proceeding.
|
Timeline (1 events)
2022-08-10
A discussion between the judge and attorneys regarding closing arguments, jury instructions, and legal theories, specifically a 'conscious avoidance theory' and arguments related to flight records.
Courtroom
Relationships (3)
Mr. Rohrbach addresses the judge as 'your Honor' and presents legal arguments for the court's consideration.
Ms. Sternheim engages in a dialogue with the judge regarding legal proceedings.
Mr. Pagliuca speaks directly to the court about procedural matters.
Key Quotes (3)
"If I may just say, your Honor, I'm not even sure that these things can be pulled apart. An argument that these people were older is so intertwined with an argument that she thought these people were older that, even if they didn't say the words about that in their closing, I think the jury would assume that, absent some more affirmative stipulation, so the government would have to rebut it."Source
— MR. ROHRBACH
(Arguing that two potential arguments are inseparable from the jury's perspective and that the government would need to address them.)
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Quote #1
"A conscious avoidance theory is an appropriate way to do so."Source
— MR. ROHRBACH
(Suggesting a legal theory for the government to use in its argument.)
DOJ-OGR-00016995.jpg
Quote #2
"Yes. It's a fair point. And I'm going to look carefully at relevant portions of the transcript, but I do think it is sufficiently in issue that it's appropriate to give the instruction."Source
— THE COURT
(Responding to Mr. Rohrbach's argument and indicating a willingness to include a specific jury instruction.)
DOJ-OGR-00016995.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,653 characters)
Case 1:20-cr-00330-AJN Document 765 Filed 08/10/22 Page 69 of 95
LCIAMAX2ps
LCIAMAX2ps
1 who's going to be giving the closing argument.
2 THE COURT: I think she's standing over your shoulder.
3 MS. STERNHEIM: No.
4 MR. PAGLIUCA: No.
5 MS. STERNHEIM: Surprise. It's not me.
6 MR. PAGLIUCA: I can give the Court that answer before
7 we leave today, if that's all right with the Court.
8 MR. ROHRBACH: If I may just say, your Honor, I'm not
9 even sure that these things can be pulled apart. An argument
10 that these people were older is so intertwined with an argument
11 that she thought these people were older that, even if they
12 didn't say the words about that in their closing, I think the
13 jury would assume that, absent some more affirmative
14 stipulation, so the government would have to rebut it. A
15 conscious avoidance theory is an appropriate way to do so.
16 THE COURT: Yes. It's a fair point. And I'm going to
17 look carefully at relevant portions of the transcript, but I do
18 think it is sufficiently in issue that it's appropriate to give
19 the instruction. I would consider, as part of my calculus in
20 coming to a final resolution, if the defense were to indicate
21 it wouldn't specifically make that argument. But --
22 MS. STERNHEIM: We'll get you that answer as soon as
23 we can. It will be following the break, I think.
24 MR. ROHRBACH: Your Honor, the other -- we've also
25 articulated a theory that there are flight records showing the
2 THE COURT: I think she's standing over your shoulder.
3 MS. STERNHEIM: No.
4 MR. PAGLIUCA: No.
5 MS. STERNHEIM: Surprise. It's not me.
6 MR. PAGLIUCA: I can give the Court that answer before
7 we leave today, if that's all right with the Court.
8 MR. ROHRBACH: If I may just say, your Honor, I'm not
9 even sure that these things can be pulled apart. An argument
10 that these people were older is so intertwined with an argument
11 that she thought these people were older that, even if they
12 didn't say the words about that in their closing, I think the
13 jury would assume that, absent some more affirmative
14 stipulation, so the government would have to rebut it. A
15 conscious avoidance theory is an appropriate way to do so.
16 THE COURT: Yes. It's a fair point. And I'm going to
17 look carefully at relevant portions of the transcript, but I do
18 think it is sufficiently in issue that it's appropriate to give
19 the instruction. I would consider, as part of my calculus in
20 coming to a final resolution, if the defense were to indicate
21 it wouldn't specifically make that argument. But --
22 MS. STERNHEIM: We'll get you that answer as soon as
23 we can. It will be following the break, I think.
24 MR. ROHRBACH: Your Honor, the other -- we've also
25 articulated a theory that there are flight records showing the
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00016995
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