DOJ-OGR-00018127.jpg
620 KB
Extraction Summary
4
People
1
Organizations
1
Locations
1
Events
2
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
620 KB
Summary
This document is a court transcript from August 10, 2022, detailing a legal argument about the presentation of evidence. An attorney, Mr. Everdell, objects to the prosecution's proposal to show the jury a bag of costumes and related photographs, arguing that this should not happen until 'witness 3' testifies to establish the items' relevance. Everdell expresses concern that showing the items prematurely could unfairly prejudice the jury if the witness's testimony is delayed or does not occur.
People (4)
| Name | Role | Context |
|---|---|---|
| Special Agent Maguire | Special Agent |
Mentioned as the person who would be asked to present evidence (costumes) to the jury.
|
| Mr. Everdell | Attorney (implied) |
Speaking to the court, raising an objection to evidence being shown to the jury before a specific witness testifies.
|
| The Court | Judge |
Presiding over the proceeding, addressed as 'Your Honor' by Mr. Everdell.
|
| witness 3 | Witness |
An individual whose testimony Mr. Everdell argues is necessary to establish the relevance of certain evidence before ...
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page as the court reporting service.
|
Timeline (1 events)
2022-08-10
A discussion in court regarding the mechanics of presenting evidence (costumes in a bag) to the jury, and an objection raised by Mr. Everdell.
Courtroom
Locations (1)
| Location | Context |
|---|---|
|
Mentioned as the location from which items (costumes) were recovered.
|
Relationships (2)
Mr. Everdell addresses the court formally as 'Your Honor' while making a legal argument.
Mr. Everdell's legal argument is contingent upon the testimony of 'witness 3', indicating a connection within the context of the legal case.
Key Quotes (2)
"Your Honor, I do have an issue with these being displayed or shown in any way, shape, or form until witness 3 testifies."Source
— Mr. Everdell
(Stating his objection to the court regarding the presentation of evidence.)
DOJ-OGR-00018127.jpg
Quote #1
"I don't want this to be in their heads, in their minds at all unless we have a witness on the stand who can connect their relevance to this case, and"Source
— Mr. Everdell
(Explaining his concern about prejudicing the jury with evidence that has not yet been connected to the case by a witness.)
DOJ-OGR-00018127.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,582 characters)
Case 1:20-cr-00330-PAE Document 749 Filed 08/10/22 Page 26 of 236 930
LBUCmax1
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1 a bag containing the costumes themselves and would anticipate
2 otherwise asking Special Agent Maguire to publish them to the
3 jury so that they can see both what they look like and also how
4 small they are.
5 So I'm just thinking about the mechanics of this.
6 One option would be to offer the photographs and the
7 bag without eliciting out loud what they are and just
8 confirming without describing them that these are items that
9 were recovered from the residence and where they were recovered
10 without publishing the photographs or opening the bag.
11 Would that be the Court's preference? I'd be happy to
12 do it another way.
13 THE COURT: Mr. Everdell.
14 MR. EVERDELL: Your Honor, I do have an issue with
15 these being displayed or shown in any way, shape, or form until
16 witness 3 testifies. I actually have some concerns and I hope
17 they're not unfounded. They pushed her testimony off, she was
18 originally supposed to testify today, I don't know if it maybe
19 had to do with a travel issue or not, but I don't know is she
20 going to testify or not, when is she going to testify, if she
21 doesn't testify for whatever reason, then these items and the
22 photographs of those items should not be seen by the jury at
23 all. And so that is my concern. I don't want this to be in
24 their heads, in their minds at all unless we have a witness on
25 the stand who can connect their relevance to this case, and
2 otherwise asking Special Agent Maguire to publish them to the
3 jury so that they can see both what they look like and also how
4 small they are.
5 So I'm just thinking about the mechanics of this.
6 One option would be to offer the photographs and the
7 bag without eliciting out loud what they are and just
8 confirming without describing them that these are items that
9 were recovered from the residence and where they were recovered
10 without publishing the photographs or opening the bag.
11 Would that be the Court's preference? I'd be happy to
12 do it another way.
13 THE COURT: Mr. Everdell.
14 MR. EVERDELL: Your Honor, I do have an issue with
15 these being displayed or shown in any way, shape, or form until
16 witness 3 testifies. I actually have some concerns and I hope
17 they're not unfounded. They pushed her testimony off, she was
18 originally supposed to testify today, I don't know if it maybe
19 had to do with a travel issue or not, but I don't know is she
20 going to testify or not, when is she going to testify, if she
21 doesn't testify for whatever reason, then these items and the
22 photographs of those items should not be seen by the jury at
23 all. And so that is my concern. I don't want this to be in
24 their heads, in their minds at all unless we have a witness on
25 the stand who can connect their relevance to this case, and
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00018127
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