DOJ-OGR-00016630.jpg

579 KB

Extraction Summary

5
People
1
Organizations
0
Locations
1
Events
3
Relationships
3
Quotes

Document Information

Type: Legal document
File Size: 579 KB
Summary

This document is a court transcript from August 10, 2022, detailing a legal argument between attorneys Mr. Rohrbach and Ms. Sternheim before a judge. The discussion centers on a '401 objection' regarding the admissibility of evidence to impeach a witness named Kate. Mr. Rohrbach argues the evidence is extrinsic and on a collateral matter, while Ms. Sternheim contends it is permissible to show the witness's motive and bias.

People (5)

Name Role Context
Loftus
Mentioned in the header, possibly a witness or party involved in the case. The testimony is described as 'direct'.
THE COURT Judge
Presiding over the legal proceeding, asking questions and making rulings on objections.
MR. ROHRBACH Attorney
An attorney making a '401 objection' to testimony concerning 'Kate'.
Kate Witness
A person whose testimony is the subject of a legal argument regarding impeachment, bias, and motive.
MS. STERNHEIM Attorney
An attorney arguing against Mr. Rohrbach's objection, stating that a witness's motive and bias can be attacked.

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 legal argument takes place before a judge regarding an objection to testimony. Mr. Rohrbach objects to evidence concerning a witness named Kate, calling it a '401 objection' and inadmissible extrinsic evidence. Ms. Sternheim counters that the evidence is permissible to attack the witness's motive and bias.
Courtroom

Relationships (3)

MR. ROHRBACH professional MS. STERNHEIM
They are opposing counsel in a court proceeding, arguing opposite sides of an evidentiary objection before the judge.
MR. ROHRBACH professional THE COURT
Mr. Rohrbach is an attorney addressing the judge ('your Honor') and presenting a legal argument for a ruling.
MS. STERNHEIM professional THE COURT
Ms. Sternheim is an attorney addressing the judge and presenting a legal argument for a ruling.

Key Quotes (3)

"Is that a 401 objection?"
Source
— THE COURT (The judge asks for clarification on the legal basis of an objection being made.)
DOJ-OGR-00016630.jpg
Quote #1
"It's a 401 objection, your Honor, and we think it's extrinsic evidence on a collateral matter because it's not impeachment about any of the core subjects."
Source
— MR. ROHRBACH (An attorney, Mr. Rohrbach, explains the grounds for his objection to testimony.)
DOJ-OGR-00016630.jpg
Quote #2
"Judge, it's my understanding that motive and bias can be attacked in this manner."
Source
— MS. STERNHEIM (An attorney, Ms. Sternheim, argues against the objection, stating that the line of questioning is permissible to show witness bias.)
DOJ-OGR-00016630.jpg
Quote #3

Full Extracted Text

Complete text extracted from the document (1,463 characters)

Case 1:20-cr-00330-PAE Document 761 Filed 08/10/22 Page 147 of 246
LCGCmax4 Loftus - direct 2442
1 is a collateral matter. It doesn't go to bias or impeachment.
2 That --
3 THE COURT: Is that a 401 objection?
4 MR. ROHRBACH: Well, it's not a form of impeachment of
5 Kate's testimony. So I guess it's 401 or it's not within the
6 common law motion to show bias or motive. It is not probative
7 on the question of any monetary incentive by Kate whatsoever.
8 There is no mention of money, no suggestion of her motive for
9 doing anything in that sentence. It's very difficult to parse,
10 without the witness's speculation, about what he thought Kate
11 might be referring to, which is it's certainly objectionable
12 and irrelevant testimony.
13 THE COURT: I wouldn't permit that. I guess the
14 question is just the recounting of what he said, she said, it
15 fell into my lap.
16 MR. ROHRBACH: Right.
17 THE COURT: So I think you mean that's -- I think it's
18 a 401 objection.
19 MR. ROHRBACH: It's a 401 objection, your Honor, and
20 we think it's extrinsic evidence on a collateral matter because
21 it's not impeachment about any of the core subjects. She was
22 asked about that on cross, she denied the statement. Her
23 denial can't be impeached with extrinsic evidence.
24 MS. STERNHEIM: Judge, it's my understanding that
25 motive and bias can be attacked in this manner. The witness
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00016630

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