DOJ-OGR-00018115.jpg
634 KB
Extraction Summary
3
People
1
Organizations
0
Locations
2
Events
3
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
634 KB
Summary
This document is a court transcript from August 10, 2022, from case 1:20-cr-00330-PAE. It captures a legal debate between Ms. Comey and Mr. Everdell over the admissibility of a photograph as evidence. Ms. Comey argues for showing a closeup to establish its placement on a bookshelf, while Mr. Everdell contends it must be shown in the wider, non-prejudicial context of other nonsexual photos to avoid misleading the jury.
People (3)
| Name | Role | Context |
|---|---|---|
| MS. COMEY | Attorney (implied) |
Speaker in the court transcript, arguing for the admission of a photograph as evidence.
|
| MR. EVERDELL | Attorney (implied) |
Speaker in the court transcript, arguing against the prejudicial nature of a photograph and for showing it in a wider...
|
| Your Honor | Judge |
Addressed by both Ms. Comey and Mr. Everdell; the presiding judge in the case.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page as the court reporting agency that transcribed the document.
|
Timeline (2 events)
2022-08-10
A legal argument between Ms. Comey and Mr. Everdell before a judge regarding the admissibility and presentation of a photograph as evidence.
Courtroom (implied)
A search was conducted during which a photograph was found. The original position of the photograph was unclear.
Relationships (3)
They are opposing counsel in a legal proceeding, presenting conflicting arguments to the judge ('Your Honor') regarding evidence.
Ms. Comey addresses the judge as 'Your Honor' while presenting her legal argument.
Mr. Everdell addresses the judge as 'Your Honor' while presenting his legal argument.
Key Quotes (3)
"Your Honor, I think the difference here is that, in Mr. Everdell's -- in the photograph that your Honor excluded, the photograph was on the floor. It was unclear where it had been positioned originally."Source
— MS. COMEY
(Distinguishing the current photograph under discussion from a previously excluded one.)
DOJ-OGR-00018115.jpg
Quote #1
"Here, this is a photograph I expect the witness will testify to, showing the exact placement, and the reason we need that closeup is because the photograph of the zoomed-out bookshelf, you cannot actually see the image."Source
— MS. COMEY
(Arguing for the necessity of showing a closeup of the photograph to the jury.)
DOJ-OGR-00018115.jpg
Quote #2
"If you zoom out, you will see this photograph in the context of other photographs that are nonsexual. ... It's shown in context in a series of photos along a bookshelf where people tend to keep photos, lots of different photos, and it will show a panoply of photos that is not one photo of a clearly minor child with him looking like he's about to bite her backside."Source
— MR. EVERDELL
(Arguing that the photograph should be viewed in its broader, non-prejudicial context among other photos on a bookshelf.)
DOJ-OGR-00018115.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,654 characters)
Case 1:20-cr-00330-PAE Document 749 Filed 08/10/22 Page 14 of 236 918
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1 Honor already made, that this is overly prejudicial and the
2 jury will draw the wrong conclusion from it, so we need to
3 exclude it. I don't see the difference.
4 MS. COMEY: Your Honor, I think the difference here is
5 that, in Mr. Everdell's -- in the photograph that your Honor
6 excluded, the photograph was on the floor. It was unclear
7 where it had been positioned originally. It was unclear where
8 it had been positioned when the search was conducted.
9 Here, this is a photograph I expect the witness will
10 testify to, showing the exact placement, and the reason we need
11 that closeup is because the photograph of the zoomed-out
12 bookshelf, you cannot actually see the image. You can see the
13 frame and you can tell that it's the same circular frame, but
14 you cannot see the image without a closeup, so we will show the
15 two in succession.
16 MR. EVERDELL: Your Honor, that's the point. If you
17 zoom out, you will see this photograph in the context of other
18 photographs that are nonsexual. This I don't think is sexual,
19 but that are not with underage girls, that are with other
20 photos, including people with adults. It's shown in context in
21 a series of photos along a bookshelf where people tend to keep
22 photos, lots of different photos, and it will show a panoply of
23 photos that is not one photo of a clearly minor child with him
24 looking like he's about to bite her backside. At least there
25 you have a full context of other photos and it is not a zoom-in
2 jury will draw the wrong conclusion from it, so we need to
3 exclude it. I don't see the difference.
4 MS. COMEY: Your Honor, I think the difference here is
5 that, in Mr. Everdell's -- in the photograph that your Honor
6 excluded, the photograph was on the floor. It was unclear
7 where it had been positioned originally. It was unclear where
8 it had been positioned when the search was conducted.
9 Here, this is a photograph I expect the witness will
10 testify to, showing the exact placement, and the reason we need
11 that closeup is because the photograph of the zoomed-out
12 bookshelf, you cannot actually see the image. You can see the
13 frame and you can tell that it's the same circular frame, but
14 you cannot see the image without a closeup, so we will show the
15 two in succession.
16 MR. EVERDELL: Your Honor, that's the point. If you
17 zoom out, you will see this photograph in the context of other
18 photographs that are nonsexual. This I don't think is sexual,
19 but that are not with underage girls, that are with other
20 photos, including people with adults. It's shown in context in
21 a series of photos along a bookshelf where people tend to keep
22 photos, lots of different photos, and it will show a panoply of
23 photos that is not one photo of a clearly minor child with him
24 looking like he's about to bite her backside. At least there
25 you have a full context of other photos and it is not a zoom-in
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00018115
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