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Case 22-1426, Document 58, 02/28/2023, 3475901, Page81 of 221
A-281

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1 from The Independent, about the consequences of him coming
2 forward, which is: This is a momentous decision you're making.
3 So I don't see how he squares his comments about I
4 never thought by talking to the press that I would come forward
5 and be known this way, when in fact I think there was a lengthy
6 discussion he had with a journalist about this very fact.
7 THE COURT: He said that he recognized by talking to
8 the press about it that it would be known publicly.
9 MR. EVERDELL: I think he may have said that, but I
10 think at the same time he's saying I didn't think this would be
11 known by my parents and my friends. I don't know how you
12 square those responses. To me -- and I know this was the
13 subject of argument that you don't want to hear at this point,
14 but his responses are simply not credible on this point because
15 he's talking out of both sides of his mouth: I didn't think I
16 would be known, but yet I did know I would be known. It makes
17 no sense to me. I'm curious to hear more about what I perceive
18 as blatant conflict in answers about a discussion with a
19 journalist about the consequences of going forward.
20 THE COURT: You want me to ask about what he discussed
21 with which journalist?
22 MR. EVERDELL: Lucia, who I believe is The Independent
23 journalist. So I would -- I'm sorry it's not coming out very
24 focused, I apologize, but: You had discussed before in
25 responses to my questions about the fact that you didn't think

SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300

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1 that talking to a reporter would necessarily make you known to
2 the world about -- your sexual abuse known to the world. If
3 that wasn't something that truly entered your head, isn't it a
4 fact that you spoke to Lucia, the reporter from The Independent
5 that you spoke to, about the consequences that you might face
6 in revealing all this stuff -- we won't get into jury
7 deliberations -- about what you said to her about your sexual
8 abuse and other things, there would be well-known consequences
9 to what you were doing. How do you square those two thoughts
10 in your head, which you didn't think it would be public, didn't
11 think you would be known for this, and the journalist is
12 telling you that very fact?
13 MS. MOE: Your Honor, the government has no objection
14 to limited follow-up questions about his understanding about
15 whether it would become public. I do have concerns about the
16 proposed question because it's confusing and a little cryptic.
17 I don't know what the word "consequences" might mean in
18 response to the question or what that's in particular driving
19 at. I think, as the Court noted, he has already sort of
20 explained his understanding about speaking publicly to a
21 reporter and whether it would be publicly known that he was the
22 victim of sexual abuse.
23 There's also, I think, some tension between the
24 Court's focused question about whether he understood it would
25 become public that he was the victim of sexual abuse and

SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300

DOJ-OGR-00020907