DOJ-OGR-00014008.jpg
595 KB
Extraction Summary
6
People
2
Organizations
1
Locations
1
Events
3
Relationships
3
Quotes
Document Information
Type:
Court transcript
File Size:
595 KB
Summary
This document is a court transcript from August 10, 2022, detailing a legal argument between attorneys Ms. Sternheim and Mr. Rohrbach before a judge. The discussion centers on whether extrinsic evidence can be used to impeach the testimony of a witness named Kate by showing bias, specifically in relation to her statement "it fell into my lap." The judge cites the Second Circuit case *United States v. Harvey* to clarify the applicable law on the matter.
People (6)
| Name | Role | Context |
|---|---|---|
| MS. STERNHEIM | Attorney |
Speaker in the transcript, arguing for the introduction of evidence to impeach a witness.
|
| THE COURT | Judge |
Speaker in the transcript, mediating the legal argument and questioning Mr. Rohrbach.
|
| Mr. Rohrbach | Attorney |
Speaker in the transcript, arguing against an inference of bias from a witness statement.
|
| Kate | Witness |
A witness whose testimony is being discussed for impeachment.
|
| Harvey | Party in a legal case |
Mentioned as a party in the cited case, United States v. Harvey.
|
| Loftus | null |
Mentioned in the header, possibly a witness or party involved in the case.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Second Circuit | Court |
Mentioned as the jurisdiction for the cited case, United States v. Harvey.
|
| 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 legal argument took place regarding the use of extrinsic evidence to impeach the testimony of a witness named Kate by showing bias.
Courtroom
Locations (1)
| Location | Context |
|---|---|
|
Implied by the name of the court reporting company, "SOUTHERN DISTRICT REPORTERS, P.C."
|
Relationships (3)
They are presented as opposing counsel in a legal argument before the court.
Ms. Sternheim is an attorney making an argument to the judge (THE COURT).
Mr. Rohrbach is an attorney responding to questions and arguments from the judge (THE COURT).
Key Quotes (3)
"...that a cross examiner is not required to, quote, take the answer, end quote, of a witness concerning possible bias, but may proffer extrinsic evidence, including the testimony of other witnesses to prove the facts showing a bias in favor of or against a party."Source
— THE COURT
(Quoting from the legal precedent set in United States v. Harvey to clarify the law on impeaching a witness for bias.)
DOJ-OGR-00014008.jpg
Quote #1
"it fell into my lap."Source
— Unknown witness (likely Kate)
(A statement made by a witness that is the subject of the legal argument about whether it implies bias.)
DOJ-OGR-00014008.jpg
Quote #2
"That's right, your Honor. That inference only becomes available when that statement is"Source
— MR. ROHRBACH
(Responding to the Court's summary of his legal position regarding the witness's statement.)
DOJ-OGR-00014008.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,512 characters)
Case 1:20-cr-00330-PAE Document 761 Filed 08/10/22 Page 149 of 246 2444
LCGCmax4 Loftus - direct
LCGCmax4 Loftus - direct
1 making an argument about witness bias, which is just, you know,
2 we're not raising a Rule 16 objection, it's just to show the
3 purpose for which this testimony is being used is extrinsic
4 evidence to impeach Kate's testimony.
5 MS. STERNHEIM: The papers that we filed last night
6 specifically state the basis upon which we are seeking to
7 introduce this. I made this available at the time of the
8 testimony. It is dated at a time that occurred during the
9 course of the trial related to the testimony of their witness.
10 I don't see why it is a Rule 16 violation --
11 THE COURT: Well, I think they're not actually arguing
12 that.
13 So, Mr. Rohrbach, for the proposition that the denial
14 can't be impeached by extrinsic evidence, cited Second Circuit
15 case, United States v. Harvey, 547 F.2d 720, "...that a cross
16 examiner is not required to, quote, take the answer, end quote,
17 of a witness concerning possible bias, but may proffer
18 extrinsic evidence, including the testimony of other witnesses
19 to prove the facts showing a bias in favor of or against a
20 party.
21 You agree that's the law, you're just saying that
22 there is not an available inference to the jury of bias from
23 the "it fell into my lap."
24 MR. ROHRBACH: That's right, your Honor. That
25 inference only becomes available when that statement is
2 we're not raising a Rule 16 objection, it's just to show the
3 purpose for which this testimony is being used is extrinsic
4 evidence to impeach Kate's testimony.
5 MS. STERNHEIM: The papers that we filed last night
6 specifically state the basis upon which we are seeking to
7 introduce this. I made this available at the time of the
8 testimony. It is dated at a time that occurred during the
9 course of the trial related to the testimony of their witness.
10 I don't see why it is a Rule 16 violation --
11 THE COURT: Well, I think they're not actually arguing
12 that.
13 So, Mr. Rohrbach, for the proposition that the denial
14 can't be impeached by extrinsic evidence, cited Second Circuit
15 case, United States v. Harvey, 547 F.2d 720, "...that a cross
16 examiner is not required to, quote, take the answer, end quote,
17 of a witness concerning possible bias, but may proffer
18 extrinsic evidence, including the testimony of other witnesses
19 to prove the facts showing a bias in favor of or against a
20 party.
21 You agree that's the law, you're just saying that
22 there is not an available inference to the jury of bias from
23 the "it fell into my lap."
24 MR. ROHRBACH: That's right, your Honor. That
25 inference only becomes available when that statement is
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00014008
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