DOJ-OGR-00020993.jpg
646 KB
Extraction Summary
7
People
1
Organizations
0
Locations
3
Events
2
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
646 KB
Summary
This legal document is a page from a court filing analyzing whether two conspiracy counts (Count Three and Count Five) against a defendant should be considered a single conspiracy. The analysis focuses on the 'Korfant' factors, specifically the overlap in time, similarity of operations, and the roles of participants like Sarah Kellen. The document argues that the complete overlap in time periods and similarity in the methods of abuse favor the Defendant's position that there was only one conspiracy.
People (7)
| Name | Role | Context |
|---|---|---|
| Sarah Kellen |
Mentioned as a member of the Count Five conspiracy who was not involved in Count Three. The document notes she receiv...
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| Dr. Lisa Rocchio | expert witness |
Called by the Government as an expert witness to identify typical steps in sexual abusers' grooming.
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| Macchia |
Referenced in a legal citation (Macchia, 35 F.3d at 669).
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| Hernandez |
Referenced in a legal citation (Hernandez, 2009 WL 3169226, at *11).
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| Eppolito |
Referenced in a legal citation (United States v. Eppolito, 543 F.3d 25, 48 (2d Cir. 2008)).
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| Calderone |
Referenced in a legal citation (United States v. Calderone, 982 F.2d 42, 47 (2d Cir. 1992)).
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| Araujo |
Referenced in a legal citation (Araujo, 2018 WL 3222527, at *6).
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Organizations (1)
| Name | Type | Context |
|---|---|---|
| The Government | government agency |
A party in the legal case, arguing against the Defendant. The Government called Dr. Lisa Rocchio as an expert witness.
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Timeline (3 events)
2001-2004
The time period of the conspiracy alleged in Count Five, which included Sarah Kellen.
A trial where the Government presented its case, including an opening statement, closing arguments, and an expert witness, Dr. Lisa Rocchio.
Relationships (2)
The document states that the Count Five conspiracy included Sarah Kellen and involved methods by which the Defendant groomed and facilitated sexual abuse.
The Government called Dr. Lisa Rocchio as an expert witness during the trial.
Key Quotes (2)
Full Extracted Text
Complete text extracted from the document (2,162 characters)
Case 22-1426, Document 58, 02/28/2023, 3475901, Page167 of 221
A-367
Case 1:20-cr-00330-AJN Document 657 Filed 04/29/22 Page 10 of 45
A-367
Case 1:20-cr-00330-AJN Document 657 Filed 04/29/22 Page 10 of 45
roles played by those participants, significantly favors the Defendant as to the second Korfant factor. See Macchia, 35 F.3d at 669; Hernandez, 2009 WL 3169226, at *11.
The Government responds that the Count Five conspiracy included Sarah Kellen, who was not involved in Count Three. Yet Kellen received far less attention than other conspirators in the Government’s case, being mentioned only briefly in the Government’s opening statement and closing arguments. E.g., Trial Tr. at 2876 (noting, “and sometimes Sarah Kellen would call, too”). Conspiracies often change membership without forming a new, distinct conspiracy, particularly if key members of the conspiracy remain over the course of a decade. See United States v. Eppolito, 543 F.3d 25, 48 (2d Cir. 2008). Kellen’s participation beginning in 2001 therefore does not shift the import of the second Korfant factor.
Overlap of time. The time periods of the two counts overlap completely. Namely, Count Five’s period of 2001 to 2004 is “wholly within the time frame” of Count Three from 1994 to 2004, which substantially favors the Defendant on this Korfant factor. United States v. Calderone, 982 F.2d 42, 47 (2d Cir. 1992). The Government’s attempt to minimize this factor by noting that most overt acts for Count Three occurred in the 1990s is simply not reflected in this circuit’s case law. See, e.g., Macchia, 35 F.3d at 669 (focusing on the overlap in time frame alleged in the indictment). The overlap in time here raises the inference that one conspiracy wholly encompasses the other, and that inference tips in the Defendant’s favor. See Araujo, 2018 WL 3222527, at *6.
Similarity of operations. Counts Three and Five involve significant similarities in operations. The methods by which the Defendant groomed and facilitated the sexual abuse of minor victims was a central focus of both parties’ cases at trial. The Government called as an expert witness Dr. Lisa Rocchio, who identified the typical steps in sexual abusers’ grooming of
The Government responds that the Count Five conspiracy included Sarah Kellen, who was not involved in Count Three. Yet Kellen received far less attention than other conspirators in the Government’s case, being mentioned only briefly in the Government’s opening statement and closing arguments. E.g., Trial Tr. at 2876 (noting, “and sometimes Sarah Kellen would call, too”). Conspiracies often change membership without forming a new, distinct conspiracy, particularly if key members of the conspiracy remain over the course of a decade. See United States v. Eppolito, 543 F.3d 25, 48 (2d Cir. 2008). Kellen’s participation beginning in 2001 therefore does not shift the import of the second Korfant factor.
Overlap of time. The time periods of the two counts overlap completely. Namely, Count Five’s period of 2001 to 2004 is “wholly within the time frame” of Count Three from 1994 to 2004, which substantially favors the Defendant on this Korfant factor. United States v. Calderone, 982 F.2d 42, 47 (2d Cir. 1992). The Government’s attempt to minimize this factor by noting that most overt acts for Count Three occurred in the 1990s is simply not reflected in this circuit’s case law. See, e.g., Macchia, 35 F.3d at 669 (focusing on the overlap in time frame alleged in the indictment). The overlap in time here raises the inference that one conspiracy wholly encompasses the other, and that inference tips in the Defendant’s favor. See Araujo, 2018 WL 3222527, at *6.
Similarity of operations. Counts Three and Five involve significant similarities in operations. The methods by which the Defendant groomed and facilitated the sexual abuse of minor victims was a central focus of both parties’ cases at trial. The Government called as an expert witness Dr. Lisa Rocchio, who identified the typical steps in sexual abusers’ grooming of
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DOJ-OGR-00020993
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