DOJ-OGR-00021571.jpg
540 KB
Extraction Summary
4
People
1
Organizations
0
Locations
1
Events
1
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
540 KB
Summary
This document is a court transcript from June 29, 2023, detailing an argument by an attorney, Mr. Everdell. He contends that a piece of evidence, an undated and unverified message pad, is unreliable for establishing the end date of a conspiracy. Mr. Everdell also argues that since a person named Carolyn was no longer a minor in 2005, the conspiracy as charged could not have existed at that time.
People (4)
| Name | Role | Context |
|---|---|---|
| Carolyn |
Mentioned as a person involved in a conspiracy who was not a minor in 2005.
|
|
| MR. EVERDELL | Attorney |
Speaker in the transcript, arguing a point about evidence and the timeline of a conspiracy.
|
| THE COURT | Judge |
Speaker in the transcript, presiding over the case.
|
| your Honor | Judge |
A term used to address the judge (THE COURT).
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Identified as the court reporting service at the bottom of the transcript.
|
Timeline (1 events)
2023-06-29
A discussion in court regarding the evidence for a conspiracy charge. Mr. Everdell argues that a message pad is unreliable evidence for establishing the end date of the conspiracy, and notes that a person named Carolyn was no longer a minor in 2005, which is relevant to the charge.
Courtroom
Relationships (1)
Mr. Everdell is addressing the court and the judge ('your Honor') as part of a legal proceeding.
Key Quotes (4)
"Carolyn is not a minor in 2005."Source
— Unknown (likely Mr. Everdell)
(Part of an argument that a conspiracy requiring a minor could not exist in 2005 involving Carolyn.)
DOJ-OGR-00021571.jpg
Quote #1
"THE COURT: It's early."Source
— THE COURT
(Responding to the point about Carolyn's birthday being in January.)
DOJ-OGR-00021571.jpg
Quote #2
"MR. EVERDELL: It's early. So as of 2005, she is not a minor any more."Source
— MR. EVERDELL
(Agreeing with the court and reiterating the point about Carolyn's age.)
DOJ-OGR-00021571.jpg
Quote #3
"So what we're really talking about is one message pad that is undated, unverified, and not even in evidence."Source
— Unknown (likely Mr. Everdell)
(Arguing against the validity and admissibility of a piece of evidence.)
DOJ-OGR-00021571.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,586 characters)
Case 22-1426, Document 78, 06/29/2023, 3536039, Page141 of 217
SA-395
26
M6SQmax1
1 with the point, which is we're focusing on the record evidence.
2 The conspiracy as charged requires there be to be a minor
3 involved. Carolyn is not a minor in 2005. Her birthday is
4 January -- I don't know if I can say that, I'm sorry, but you
5 understand it's at the beginning.
6 THE COURT: It's early.
7 MR. EVERDELL: It's early. So as of 2005, she is not
8 a minor any more. So if we're looking to the end date of the
9 conspiracy that's charged in the indictment, that does not
10 exist in 2005, and Carolyn is not a minor in 2005, that
11 evidence can't be used to support the end date of the
12 conspiracy that is charged.
13 So what we're really talking about is one message pad
14 that is undated, unverified, and not even in evidence. It's
15 not even properly authenticated. I would also point out --
16 it's not reliable, your Honor. But I would also point out that
17 I think we did have testimony that there were multiple message
18 pads going on at any one time. The surrounding message pads
19 are not a perfect indicator of when that message would have
20 been taken if it's undated. It could have been weeks, months
21 afterwards that someone decided to use that message pad to take
22 that message instead of another of message pad that was ongoing
23 at the same time. So there is no reliable credible evidence
24 that's the date of that message pad.
25 And so, your Honor, we cited a number of cases in our
SA-395
26
M6SQmax1
1 with the point, which is we're focusing on the record evidence.
2 The conspiracy as charged requires there be to be a minor
3 involved. Carolyn is not a minor in 2005. Her birthday is
4 January -- I don't know if I can say that, I'm sorry, but you
5 understand it's at the beginning.
6 THE COURT: It's early.
7 MR. EVERDELL: It's early. So as of 2005, she is not
8 a minor any more. So if we're looking to the end date of the
9 conspiracy that's charged in the indictment, that does not
10 exist in 2005, and Carolyn is not a minor in 2005, that
11 evidence can't be used to support the end date of the
12 conspiracy that is charged.
13 So what we're really talking about is one message pad
14 that is undated, unverified, and not even in evidence. It's
15 not even properly authenticated. I would also point out --
16 it's not reliable, your Honor. But I would also point out that
17 I think we did have testimony that there were multiple message
18 pads going on at any one time. The surrounding message pads
19 are not a perfect indicator of when that message would have
20 been taken if it's undated. It could have been weeks, months
21 afterwards that someone decided to use that message pad to take
22 that message instead of another of message pad that was ongoing
23 at the same time. So there is no reliable credible evidence
24 that's the date of that message pad.
25 And so, your Honor, we cited a number of cases in our
SOUTHERN DISTRICT REPORTERS, P.C.•••
(212) 805-0300
(212) 805-0300
DOJ-OGR-00021571
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