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606 KB

Extraction Summary

4
People
2
Organizations
0
Locations
3
Events
2
Relationships
3
Quotes

Document Information

Type: Legal document
File Size: 606 KB
Summary

This document is a court transcript from August 10, 2022, detailing a discussion between a judge and a lawyer, Ms. Moe. The judge expresses concern that a witness, Brian, may have been coached by another person, Jane, during a recent conversation. Ms. Moe refutes this by arguing that Brian's testimony is consistent with statements he provided to the government long before the trial, which are documented in '3500 material', thus proving his testimony was not recently influenced.

People (4)

Name Role Context
THE COURT Judge
Speaker in the transcript, expressing concern about potential witness coaching. Addressed as 'your Honor'.
MS. MOE Lawyer
Speaker in the transcript, arguing against the suggestion of witness coaching by pointing to prior consistent stateme...
Brian Witness
A witness whose testimony is being discussed. He allegedly had a conversation with Jane and had previously provided s...
Jane
A person who had a recent conversation with Brian during the trial, prompting concerns about witness coaching.

Organizations (2)

Name Type Context
SOUTHERN DISTRICT REPORTERS, P.C. company
Appears in the footer of the document, likely the court reporting agency that transcribed the proceedings.
the government government agency
Mentioned as the entity to which the witness Brian had relayed the substance of his testimony prior to the trial.

Timeline (3 events)

2022-08-10
A court hearing where the judge and a lawyer discuss the possibility of witness coaching.
Brian met with the government long before the trial began.
A recent conversation between Jane and Brian occurred during the trial.

Relationships (2)

Brian associates Jane
The document states they had a 'recent conversation... during the trial' which is the subject of the court's concern.
MS. MOE professional Brian
Ms. Moe refers to Brian as being on 'our witness list' and that he 'has relayed to us those prior consistent statements', indicating a lawyer-witness relationship.

Key Quotes (3)

"Needless to say, the point that's concerning is whether she coached him on her responses so that his testimony regarding prior consistent statements would show consistency."
Source
— THE COURT (The judge explaining the core concern about a conversation between a witness and another person.)
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Quote #1
"On the subject of the prior consistent statement, I would note -- and the 3500 material reflects this -- that Brian had relayed the substance of his testimony to the government and it's memorialized in 3500 long before this conversation happened."
Source
— MS. MOE (A lawyer arguing that the witness's testimony was established long before the conversation that raised coaching concerns.)
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Quote #2
"And so to the extent there is any suggestion that his testimony is prompted by a recent conversation with Jane during the trial, that's belied by the record here, which is that he has relayed to us those prior consistent statements substantially in advance of the trial."
Source
— MS. MOE (A lawyer concluding her argument that the witness was not improperly influenced, citing prior statements as evidence.)
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Quote #3

Full Extracted Text

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

Case 1:20-cr-00330-PAE Document 753 Filed 08/10/22 Page 7 of 264 1429
LC7VMAX1
had called him after her testimony and relayed that her
experience wasn't pleasant.
THE COURT: It sounds like maybe more than that it
wasn't pleasant; sounds like part of what was relayed -- that's
not the part that concerns me. Needless to say, the point
that's concerning is whether she coached him on her responses
so that his testimony regarding prior consistent statements
would show consistency. That's, I think, the only --
MS. MOE: Yes, your Honor.
THE COURT: I'm not sure there's any relevance --
although it's concerning, I'm not sure there's any relevance to
a description of the process is unpleasant or that they did or
didn't like the lawyers and how they were treated.
MS. MOE: Yes, your Honor.
On the subject of the prior consistent statement, I
would note -- and the 3500 material reflects this -- that Brian
had relayed the substance of his testimony to the government
and it's memorialized in 3500 long before this conversation
happened. He has been on our witness list for some time; he's
met with the government long before this trial began.
And so to the extent there is any suggestion that his
testimony is prompted by a recent conversation with Jane during
the trial, that's belied by the record here, which is that he
has relayed to us those prior consistent statements
substantially in advance of the trial.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00018605

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