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644 KB
Extraction Summary
3
People
2
Organizations
2
Locations
1
Events
2
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
644 KB
Summary
This document is a court transcript from a hearing on December 10, 2021, in case 1:20-cr-00330-PAE. It captures a discussion between the government's attorney, Mr. Rohrbach, and the judge regarding jury instructions for an enticement charge. The core issue is whether the legality of sexual activity under New Mexico law is relevant or potentially prejudicial for a charge based on violating New York law, with the judge expressing concern about confusing the jury.
People (3)
| Name | Role | Context |
|---|---|---|
| MR. ROHRBACH | Attorney |
Speaking on behalf of the government, responding to Mr. Everdell's point and addressing the Court.
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| Mr. Everdell | Attorney |
Mentioned as having made a point to which Mr. Rohrbach is responding.
|
| THE COURT | Judge |
Presiding over the proceedings, speaking to the government's counsel about jury instructions and legal charges.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| government | government agency |
A party in the legal case, represented by Mr. Rohrbach, intending to present evidence.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page, likely the court reporting service that transcribed the document.
|
Timeline (1 events)
2021-12-10
A legal argument regarding jury instructions in case 1:20-cr-00330-PAE. The discussion focused on whether to introduce the legality of sexual activity under New Mexico law as evidence for a charge related to violating New York law.
Courtroom
Locations (2)
| Location | Context |
|---|---|
|
Mentioned in the context of the 'enticement charge to violate New York law'.
|
|
|
Mentioned as the location where sexual activity occurred, and its state law regarding age of consent is being discussed.
|
Relationships (2)
Mr. Rohrbach is explicitly responding to a point made by Mr. Everdell, indicating they are opposing counsel in a legal proceeding.
Mr. Rohrbach addresses the court as 'your Honor' and presents legal arguments for the court's consideration and ruling.
Key Quotes (3)
"Just in response to Mr. Everdell's point, your Honor, the government is not prepared to concede today that the sexual activity that occurred in New Mexico was above the relevant age of consent."Source
— MR. ROHRBACH
(Stating the government's position that it will not agree that the sexual activity in New Mexico was legal under that state's laws.)
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Quote #1
"That's not how you charged it here. Right? You haven't charged pursuant to New Mexico law."Source
— THE COURT
(Challenging the government's attempt to introduce the illegality of an act under New Mexico law when the formal charges are based on New York law.)
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Quote #2
"But if what the government is saying is, I shouldn't give that charge because in fact you're going to show that it was illegal sexual activity -- I'm not going to misinform the jury that it wasn't illegal under"Source
— THE COURT
(Expressing concern about giving a potentially misleading instruction to the jury based on the government's proposed line of argument.)
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Quote #3
Full Extracted Text
Complete text extracted from the document (1,862 characters)
Case 1:20-cr-00330-PAE Document 536 Filed 12/10/21 Page 34 of 43
LBNAMAXTps
LBNAMAXTps
1 But it seems to me these witnesses are in very
2 different postures, and therefore different risk of prejudice.
3 But I propose an instruction that I think gets to the point.
4 And it's a different instruction precisely for this reason,
5 that that sexual conduct can be relevant evidence of the
6 enticement charge to violate New York law. So I do think some
7 charge with respect to that witness, some limiting instruction
8 with respect to that witness, is necessary. I won't make it
9 confusing, and I won't allow the government to just insert its
10 theory into the charge. But I'll take a look to see if there
11 is any additional clarification. That would be helpful.
12 MR. ROHRBACH: Just in response to Mr. Everdell's
13 point, your Honor, the government is not prepared to concede
14 today that the sexual activity that occurred in New Mexico was
15 above the relevant age of consent. As we briefed in our
16 letter, that's a complex question of New Mexico state law.
17 THE COURT: So, I mean, if there's a factual question
18 that the government intends to put on, as to whether that was
19 illegal sexual activity under New Mexico law, then certainly
20 I'm not going to -- again, that's not how you charged it.
21 That's not how you charged it here. Right? You haven't
22 charged pursuant to New Mexico law. But if what the government
23 is saying is, I shouldn't give that charge because in fact
24 you're going to show that it was illegal sexual activity -- I'm
25 not going to misinform the jury that it wasn't illegal under
2 different postures, and therefore different risk of prejudice.
3 But I propose an instruction that I think gets to the point.
4 And it's a different instruction precisely for this reason,
5 that that sexual conduct can be relevant evidence of the
6 enticement charge to violate New York law. So I do think some
7 charge with respect to that witness, some limiting instruction
8 with respect to that witness, is necessary. I won't make it
9 confusing, and I won't allow the government to just insert its
10 theory into the charge. But I'll take a look to see if there
11 is any additional clarification. That would be helpful.
12 MR. ROHRBACH: Just in response to Mr. Everdell's
13 point, your Honor, the government is not prepared to concede
14 today that the sexual activity that occurred in New Mexico was
15 above the relevant age of consent. As we briefed in our
16 letter, that's a complex question of New Mexico state law.
17 THE COURT: So, I mean, if there's a factual question
18 that the government intends to put on, as to whether that was
19 illegal sexual activity under New Mexico law, then certainly
20 I'm not going to -- again, that's not how you charged it.
21 That's not how you charged it here. Right? You haven't
22 charged pursuant to New Mexico law. But if what the government
23 is saying is, I shouldn't give that charge because in fact
24 you're going to show that it was illegal sexual activity -- I'm
25 not going to misinform the jury that it wasn't illegal under
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00008344
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