DOJ-OGR-00018611.jpg
630 KB
Extraction Summary
2
People
2
Organizations
1
Locations
4
Events
2
Relationships
3
Quotes
Document Information
Type:
Court transcript
File Size:
630 KB
Summary
This document is a court transcript from a case filed on August 10, 2022, where an attorney addresses the judge. The attorney discusses the permissible scope of testimony for a witness, Mr. Flatley, expressing concern that a November 26 disclosure suggests expert opinion on metadata verification, while indicating acceptance if the testimony is confined to factual information from an earlier September disclosure.
People (2)
| Name | Role | Context |
|---|---|---|
| Your Honor | Judge |
The person being addressed by the speaker in a court proceeding.
|
| Mr. Flatley | Witness |
A person intended to testify about metadata, its verification, and potentially CDs. The scope of his testimony is the...
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the transcript, indicating they are the court reporting service.
|
| the government | Government agency |
Mentioned in the context of the speaker believing they do not intend to present evidence about CDs through Mr. Flatley.
|
Timeline (4 events)
2022-08-10
An attorney makes a statement to the judge regarding the scope of Mr. Flatley's testimony.
Courtroom
Unidentified speaker (attorney)
Your Honor
A disclosure was made on November 26, which the speaker believes contains potential expert opinion testimony from Mr. Flatley about verifying metadata accuracy.
A disclosure was made in September (specifically mentioned as September 26) which the speaker considers to be acceptable factual testimony.
A disclosure was made on December 3rd containing items not previously disclosed.
Locations (1)
| Location | Context |
|---|---|
|
Implied by the name of the court reporting company, "SOUTHERN DISTRICT REPORTERS, P.C."
|
Relationships (2)
The speaker is discussing the legal scope and limitations of Mr. Flatley's testimony as a witness in a court case.
The speaker, likely an attorney, is formally addressing the judge ('Your Honor') to make a legal argument.
Key Quotes (3)
"There's only one portion of the November 26 disclosure that I believe treads into opinion expert land, and that is on the second page of the November 26 disclosure where Mr. Flatley will testify that he verified the accuracy of metadata by running a particular program."Source
— Unidentified speaker (attorney)
(The speaker is identifying the specific part of a disclosure they find objectionable as it constitutes expert opinion rather than factual testimony.)
DOJ-OGR-00018611.jpg
Quote #1
"If he is limited to those things that were put in the September 26 disclosure, I'm fine with that, your Honor."Source
— Unidentified speaker (attorney)
(The speaker is stating the conditions under which they would not object to Mr. Flatley's testimony.)
DOJ-OGR-00018611.jpg
Quote #2
"So I believe that the government does not intend to put on evidence about CDs through him, but those are the two areas that I think"Source
— Unidentified speaker (attorney)
(The speaker is raising another area of concern regarding the witness's testimony, related to CDs.)
DOJ-OGR-00018611.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (2,015 characters)
Case 1:20-cr-00330-PAE Document 753 Filed 08/10/22 Page 13 of 264 1435
LC7VMAX1
LC7VMAX1
1 Your Honor, with respect to any testimony that was in
2 the November 26 disclosure, which I believe is not what was
3 disclosed earlier in September, but most of it is what I would
4 agree is factual testimony. If a document has metadata, any
5 old person can right-click on it, look at the properties, and
6 read what those properties are.
7 There's only one portion of the November 26 disclosure
8 that I believe treads into opinion expert land, and that is on
9 the second page of the November 26 disclosure where Mr. Flatley
10 will testify that he verified the accuracy of metadata by
11 running a particular program. He will explain what metadata
12 is, such as the file name and when the file was created, and
13 where it can be stored in a computer system.
14 Your Honor, if those are the only things that
15 Mr. Flatley intends to testify about, then I think we're fine.
16 It's the things that came in the disclosures on November --
17 there were more on November 26 that were not in this letter and
18 there were things on December 3rd that were disclosed. If he
19 is limited to those things that were put in the September 26
20 disclosure, I'm fine with that, your Honor.
21 He also was not ever disclosed as a fact or expert
22 witness with regard to CDs. The original notice and the
23 supplemental notice all refer to his review of devices. So I
24 believe that the government does not intend to put on evidence
25 about CDs through him, but those are the two areas that I think
2 the November 26 disclosure, which I believe is not what was
3 disclosed earlier in September, but most of it is what I would
4 agree is factual testimony. If a document has metadata, any
5 old person can right-click on it, look at the properties, and
6 read what those properties are.
7 There's only one portion of the November 26 disclosure
8 that I believe treads into opinion expert land, and that is on
9 the second page of the November 26 disclosure where Mr. Flatley
10 will testify that he verified the accuracy of metadata by
11 running a particular program. He will explain what metadata
12 is, such as the file name and when the file was created, and
13 where it can be stored in a computer system.
14 Your Honor, if those are the only things that
15 Mr. Flatley intends to testify about, then I think we're fine.
16 It's the things that came in the disclosures on November --
17 there were more on November 26 that were not in this letter and
18 there were things on December 3rd that were disclosed. If he
19 is limited to those things that were put in the September 26
20 disclosure, I'm fine with that, your Honor.
21 He also was not ever disclosed as a fact or expert
22 witness with regard to CDs. The original notice and the
23 supplemental notice all refer to his review of devices. So I
24 believe that the government does not intend to put on evidence
25 about CDs through him, but those are the two areas that I think
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00018611
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