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Extraction Summary
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Organizations
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Locations
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Events
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Document Information
Type:
Legal document
File Size:
681 KB
Summary
This legal document is a motion filed by the Government in case 1:20-cr-00330-PAE on October 29, 2021. The Government argues that the Court should prohibit the defense from challenging the credibility of individuals who will not be witnesses at trial, specifically mentioning Minor Victim-5 and Minor Victim-6. The motion also asserts that any evidence or argument concerning the minor victims' consent is categorically inadmissible given the nature of the charges against the defendant.
People (3)
| Name | Role | Context |
|---|---|---|
| Minor Victim-5 | Victim |
Mentioned as an individual whose credibility the Government argues is not at issue. A school record related to this i...
|
| Minor Victim-6 | Victim |
Mentioned as an individual whose credibility the Government argues is not at issue unless the Government 'opens the d...
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| The defendant | Defendant |
The individual being prosecuted in the case, who the Government is arguing should be precluded from challenging the c...
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Organizations (2)
| Name | Type | Context |
|---|---|---|
| The Court | Judicial body |
The entity being asked to grant the Government's motion to preclude challenges to credibility and rule on the admissi...
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| The Government | Government agency |
The prosecuting party in the case, filing the motion to limit the defense's arguments and challenges at trial.
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Timeline (1 events)
The legal proceeding for which this motion is being filed, concerning the rules of evidence and witness credibility.
Relationships (3)
The Government is the prosecuting party in a criminal case (Case 1:20-cr-00330-PAE) against the defendant.
The defendant is charged with offenses including enticement, transporting a minor, and sex trafficking of a minor, and Minor Victim-5 is identified in the context of these proceedings.
The defendant is charged with offenses including enticement, transporting a minor, and sex trafficking of a minor, and Minor Victim-6 is identified in the context of these proceedings.
Full Extracted Text
Complete text extracted from the document (1,988 characters)
Case 1:20-cr-00330-PAE Document 383 Filed 10/29/21 Page 36 of 40
F. The Court Should Preclude Challenges to the Credibility of Individuals Who Are Not Witnesses at Trial
The defendant does not appear to dispute the Government’s statement of the law: the credibility of individuals who are neither witnesses nor hearsay declarants is not at issue and cannot be challenged. (Def. Opp. at 43-45). The motion should therefore be granted.
The defense’s primary response is that they are not sure what statements will be elicited and the non-hearsay bases for such statements. Of course, the defense has had the Government’s witness list and Jencks Act material for more than two weeks. Those materials make clear that the Government does not intend to elicit hearsay statements from Minor Victim-5 and Minor Victim-6. And the defense has failed to point to any such evidence. To give one example, to the extent the Government offers a school record related to Minor Victim-5 as a business record (see id. at 45 (citing GX 781-83)), that record would not constitute a statement by Minor Victim-5 offered for the truth of the matter asserted.
Insofar as the defense’s point is that the Government might open the door to challenging the credibility of an individual by offering that individual’s hearsay statement for the truth of the matter asserted, the Government agrees. But if the Government does not open the door, the credibility of Minor Victim-5 and Minor Victim-6 are not at issue. And the defense cannot challenge the credibility of these individuals—in opening statements or otherwise—unless and until the defense seeks a ruling from the Court that the Government has opened the door.
G. Evidence or Argument About the Minor Victims’ Consent is Categorically Inadmissible
The defendant is charged with enticement of a minor, transporting a minor, sex trafficking of a minor, and conspiracy to commit those offenses. (See Indictment ¶¶ 11-27). None of those
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