DOJ-OGR-00017664.jpg
579 KB
Extraction Summary
5
People
2
Organizations
1
Locations
1
Events
3
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
579 KB
Summary
This document is a court transcript from August 10, 2022, detailing a discussion between a judge (THE COURT) and two attorneys, Ms. Menninger and Ms. Moe. The conversation centers on the correct procedure for questioning a witness, Jane, who repeatedly claims she cannot remember her prior statements to the government. The judge advises the attorneys on how to phrase questions to avoid improperly introducing prior statements when the witness has no recollection.
People (5)
| Name | Role | Context |
|---|---|---|
| Jane | Witness |
Mentioned in the header as "Jane - Cross", indicating she is the witness being cross-examined.
|
| THE COURT | Judge |
A speaker in the transcript, presiding over the proceedings and providing guidance on questioning.
|
| MS. MENNINGER | Attorney |
A speaker in the transcript, an attorney questioning the witness.
|
| MS. MOE | Attorney |
A speaker in the transcript, an attorney involved in the discussion about questioning.
|
| your Honor | Judge |
A title used by Ms. Menninger and Ms. Moe to address the judge (THE COURT).
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page as the court reporting agency.
|
| government | government agency |
Mentioned as the entity to whom the witness made prior statements.
|
Timeline (1 events)
2022-08-10
A discussion during a court hearing about the proper way to cross-examine a witness who claims not to remember past statements.
Courtroom
Locations (1)
| Location | Context |
|---|---|
|
Used as an example in a hypothetical question to a witness: "were you living in the blue house".
|
Relationships (3)
Ms. Menninger is an attorney arguing a point about questioning a witness before the judge (THE COURT).
Ms. Moe is an attorney participating in the legal discussion with the judge (THE COURT).
Ms. Menninger is cross-examining the witness (Jane) and expressing frustration to the judge about the witness's changing story and memory lapses.
Key Quotes (5)
"What did you say on this date to the government,"Source
— THE COURT
(The judge quoting a hypothetical question to a witness.)
DOJ-OGR-00017664.jpg
Quote #1
"I don't remember."Source
— THE COURT
(The judge quoting a witness's hypothetical response.)
DOJ-OGR-00017664.jpg
Quote #2
"Her story has changed like a hundred thousand times, and that is exactly what the problem is here, your Honor."Source
— MS. MENNINGER
(An attorney's statement to the judge about the witness's testimony.)
DOJ-OGR-00017664.jpg
Quote #3
"I don't remember what I said in that moment,"Source
— THE COURT
(The judge quoting the witness's actual response during questioning.)
DOJ-OGR-00017664.jpg
Quote #4
"do you recall saying this to the government?"Source
— THE COURT
(The judge suggesting a proper way to phrase a question to the witness.)
DOJ-OGR-00017664.jpg
Quote #5
Full Extracted Text
Complete text extracted from the document (1,467 characters)
Case 1:20-cr-00330-PAE Document 745 Filed 08/10/22 Page 55 of 264 461
LC1Qmax2
Jane - Cross
LC1Qmax2
Jane - Cross
1 government on that date.
2 THE COURT: Your theory is everything that she -- when
3 you ask her, "What did you say on this date to the government,"
4 she says, "I don't remember."
5 MS. MENNINGER: Her story has changed like a hundred
6 thousand times, and that is exactly what the problem is here,
7 your Honor.
8 THE COURT: Well, here's the problem: There is a way
9 you can get in her story has changed, but what you're doing and
10 what -- I don't know what the limits to this would be. You're
11 asking her very specific questions about multiple instances of
12 reporting, and when she said "I don't remember what I said in
13 that moment," you're then introducing the statements of what
14 she said.
15 MS. MENNINGER: I can say, isn't it true that you said
16 this? That's the other way to phrase it.
17 THE COURT: You could say "do you recall saying this
18 to the government"? If she says no, then you move on.
19 MS. MENNINGER: Right. That's all I've been doing.
20 THE COURT: Is that right?
21 MS. MOE: Yes, your Honor. I think we're talking
22 about two different scenarios. The first is, for example, if
23 Ms. Menninger asked the witness, "Did this meeting happen on a
24 particular date" or you know "were you living in the blue
25 house" for example. If the witness says, "I don't remember,"
2 THE COURT: Your theory is everything that she -- when
3 you ask her, "What did you say on this date to the government,"
4 she says, "I don't remember."
5 MS. MENNINGER: Her story has changed like a hundred
6 thousand times, and that is exactly what the problem is here,
7 your Honor.
8 THE COURT: Well, here's the problem: There is a way
9 you can get in her story has changed, but what you're doing and
10 what -- I don't know what the limits to this would be. You're
11 asking her very specific questions about multiple instances of
12 reporting, and when she said "I don't remember what I said in
13 that moment," you're then introducing the statements of what
14 she said.
15 MS. MENNINGER: I can say, isn't it true that you said
16 this? That's the other way to phrase it.
17 THE COURT: You could say "do you recall saying this
18 to the government"? If she says no, then you move on.
19 MS. MENNINGER: Right. That's all I've been doing.
20 THE COURT: Is that right?
21 MS. MOE: Yes, your Honor. I think we're talking
22 about two different scenarios. The first is, for example, if
23 Ms. Menninger asked the witness, "Did this meeting happen on a
24 particular date" or you know "were you living in the blue
25 house" for example. If the witness says, "I don't remember,"
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00017664
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