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Extraction Summary
8
People
3
Organizations
1
Locations
4
Events
4
Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
519 KB
Summary
This legal document is a filing from the U.S. Attorney for the Southern District of New York, arguing against a defense position regarding witness availability. The prosecution cites the precedent of *United States v. Jones*, where a judge rejected a similar defense attempt to compel the government to immunize a witness. The filing concludes that since the defense had the opportunity to call numerous witnesses, including Virginia Roberts, there is no reason to deviate from the standard jury instruction on the equal availability of witnesses.
People (8)
| Name | Role | Context |
|---|---|---|
| Judge Kaplan | Judge |
Mentioned as the judge who rejected a defense argument in the case United States v. Jones.
|
| Jones | Defendant |
Mentioned as the defendant in the cited case United States v. Jones.
|
| Virginia Roberts | Uncalled witness |
Named as one of the numerous uncalled witnesses who were available for the defense to call.
|
| DAMIAN WILLIAMS | United States Attorney |
Listed as the United States Attorney submitting the document.
|
| Maurene Comey | Assistant United States Attorney |
Listed as one of the Assistant United States Attorneys on the document, under the signature line.
|
| Alison Moe | Assistant United States Attorney |
Listed as one of the Assistant United States Attorneys on the document.
|
| Lara Pomerantz | Assistant United States Attorney |
Listed as one of the Assistant United States Attorneys on the document.
|
| Andrew Rohrbach | Assistant United States Attorney |
Listed as one of the Assistant United States Attorneys on the document.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Government | government agency |
Referred to as the party that would have to seek a court order and the party the defense sought to force to immunize ...
|
| Court | government agency |
Referred to as the body that would issue an order and the body that denied a request to immunize a witness.
|
| United States Attorney | government agency |
The title of Damian Williams and the office submitting the document.
|
Timeline (4 events)
2019-12-11
In the case United States v. Jones, the Court denied a defense request to force the Government to immunize a defense witness.
2019-12-16
In the case United States v. Jones, the Court instructed the jury that the parties had equal opportunity to call witnesses.
Judge Kaplan
Jury
2021-12-18
This document (Document 554) was filed in Case 1:20-cr-00330-PAE.
Southern District of New York
A charge conference was held where the defense identified one witness with criminal exposure.
Defense
Locations (1)
| Location | Context |
|---|---|
|
The jurisdiction of the United States Attorneys who submitted the document.
|
Relationships (4)
Maurene Comey is an Assistant United States Attorney working under United States Attorney Damian Williams.
Alison Moe is an Assistant United States Attorney working under United States Attorney Damian Williams.
Lara Pomerantz is an Assistant United States Attorney working under United States Attorney Damian Williams.
Andrew Rohrbach is an Assistant United States Attorney working under United States Attorney Damian Williams.
Key Quotes (1)
"had the same opportunity or lack of opportunity to call witnesses."Source
— The Court (in United States v. Jones)
(A jury instruction given by the Court in a previous case, cited as precedent.)
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Quote #1
Full Extracted Text
Complete text extracted from the document (1,396 characters)
Case 1:20-cr-00330-PAE Document 554 Filed 12/18/21 Page 3 of 3
Government would have to seek a Court order that materially alters public interests by
jeopardizing—if not forgoing—any future criminal case against that individual.
jeopardizing—if not forgoing—any future criminal case against that individual.
In United States v. Jones, 17 Cr. 791 (LAK), Judge Kaplan rejected this defense argument
on stronger facts for the defense. There, the defense sought to force the Government to immunize
a defense witness. See Tr. 868-, id. (Dec. 11, 2019). The Court denied that request and
subsequently instructed the jury that the parties “had the same opportunity or lack of opportunity
to call witnesses.” Tr. 1310, id. (Dec. 16, 2019). Here, the defense at no point sought to immunize
any particular witnesses. And although at the charge conference the defense identified one witness
who the defense said had criminal exposure, it is evident that this case also involves numerous
uncalled witnesses who were available for the defense to call, including Virginia Roberts.
Particularly given the facts of this case, there is no basis to deviate from the standard instruction
on the equal availability of witnesses.
on stronger facts for the defense. There, the defense sought to force the Government to immunize
a defense witness. See Tr. 868-, id. (Dec. 11, 2019). The Court denied that request and
subsequently instructed the jury that the parties “had the same opportunity or lack of opportunity
to call witnesses.” Tr. 1310, id. (Dec. 16, 2019). Here, the defense at no point sought to immunize
any particular witnesses. And although at the charge conference the defense identified one witness
who the defense said had criminal exposure, it is evident that this case also involves numerous
uncalled witnesses who were available for the defense to call, including Virginia Roberts.
Particularly given the facts of this case, there is no basis to deviate from the standard instruction
on the equal availability of witnesses.
Respectfully submitted,
DAMIAN WILLIAMS
United States Attorney
United States Attorney
By: __s/_____________
Maurene Comey
Alison Moe
Lara Pomerantz
Andrew Rohrbach
Assistant United States Attorneys
Southern District of New York
Maurene Comey
Alison Moe
Lara Pomerantz
Andrew Rohrbach
Assistant United States Attorneys
Southern District of New York
Cc: Defense Counsel (by ECF)
3
DOJ-OGR-00008430
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