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632 KB
Extraction Summary
3
People
2
Organizations
1
Locations
1
Events
2
Relationships
3
Quotes
Document Information
Type:
Court transcript
File Size:
632 KB
Summary
This document is a court transcript from December 10, 2021, detailing a discussion about a motion to preclude Government Exhibit 52. The judge denies the motion to preclude before trial, opting to hear witness testimony first. The conversation, primarily between the judge and attorney Ms. Moe, clarifies that a witness will authenticate the exhibit by testifying they saw a very similar, but not necessarily identical, book, without knowing how the specific exhibit came into government possession.
People (3)
| Name | Role | Context |
|---|---|---|
| Ms. Comey | Attorney |
Addressed by the court regarding the anticipated testimony of a witness.
|
| MS. MOE | Attorney |
Speaking to the court to clarify the nature of a witness's testimony regarding Government Exhibit 52.
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| THE COURT | Judge |
Presiding over the hearing, addressing the attorneys, and seeking clarification on witness testimony related to a mot...
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the transcript as the court reporting service.
|
| U.S. Government | Government |
Mentioned in relation to "Government Exhibit 52" and its possession of the exhibit.
|
Timeline (1 events)
2021-12-10
A discussion during a court proceeding about a motion in limine to preclude Government Exhibit 52. The conversation focuses on the anticipated testimony of a witness who will authenticate the exhibit by describing its similarities to another item they saw.
Southern District Court
Locations (1)
| Location | Context |
|---|---|
|
Inferred from the name of the court reporting company, "SOUTHERN DISTRICT REPORTERS, P.C."
|
Relationships (2)
Ms. Moe, an attorney, is addressing the judge as 'your Honor' during a formal court proceeding.
Key Quotes (3)
"I'm not going to preclude, but I do think this needs to play out at trial. I need to hear the witness testimony and I'll allow voir dire..."Source
— THE COURT
(The judge's ruling on the motion in limine 7 concerning Government Exhibit 52.)
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Quote #1
"The anticipated testimony, Ms. Comey -- this is for you, Ms. Comey -- the anticipated testimony is that not this exact book but a similar-looking book, characteristically similar, binding, pages, font, etc., was seen by this witness, and she can attempt to authenticate by describing the similarities between what is Government Exhibit 52 and what she saw."Source
— THE COURT
(The judge summarizing their understanding of the planned witness testimony for the attorneys.)
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Quote #2
"Because this witness has not been informed about how that exhibit came into the government's possession, I just wanted to clarify one small thing, which is that this witness won't say that this isn't one of the -- you know, in particular, that because she recognizes it as one in a series, but doesn't know how it came to the government's possession, it's just identifying it in that way."Source
— MS. MOE
(Clarifying the scope and limitations of the witness's expected testimony for the court.)
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Quote #3
Full Extracted Text
Complete text extracted from the document (1,745 characters)
Case 1:20-cr-00330-PAE Document 536 Filed 12/10/21 Page 16 of 43 16
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1 So defense seeks to preclude, in motion in limine 7,
2 Government Exhibit 52. I'm not going to preclude, but I do
3 think this needs to play out at trial. I need to hear the
4 witness testimony and I'll allow voir dire, given factually
5 what I understand to be the issues surrounding this item, and
6 as I understand it -- the witness is going to -- tell me if I
7 have this wrong. The anticipated testimony, Ms. Comey -- this
8 is for you, Ms. Comey -- the anticipated testimony is that not
9 this exact book but a similar-looking book, characteristically
10 similar, binding, pages, font, etc., was seen by this witness,
11 and she can attempt to authenticate by describing the
12 similarities between what is Government Exhibit 52 and what she
13 saw. Is that the idea?
14 MS. MOE: That's correct, your Honor. Because this
15 witness has not been informed about how that exhibit came into
16 the government's possession, I just wanted to clarify one small
17 thing, which is that this witness won't say that this isn't one
18 of the -- you know, in particular, that because she recognizes
19 it as one in a series, but doesn't know how it came to the
20 government's possession, it's just identifying it in that way.
21 THE COURT: So your understanding is, by the time
22 frame, this wouldn't have been the one that she saw, but she
23 won't know that because you anticipate her testimony to be
24 there were several versions of these and they are all the same.
25 MS. MOE: That's correct, your Honor.
2 Government Exhibit 52. I'm not going to preclude, but I do
3 think this needs to play out at trial. I need to hear the
4 witness testimony and I'll allow voir dire, given factually
5 what I understand to be the issues surrounding this item, and
6 as I understand it -- the witness is going to -- tell me if I
7 have this wrong. The anticipated testimony, Ms. Comey -- this
8 is for you, Ms. Comey -- the anticipated testimony is that not
9 this exact book but a similar-looking book, characteristically
10 similar, binding, pages, font, etc., was seen by this witness,
11 and she can attempt to authenticate by describing the
12 similarities between what is Government Exhibit 52 and what she
13 saw. Is that the idea?
14 MS. MOE: That's correct, your Honor. Because this
15 witness has not been informed about how that exhibit came into
16 the government's possession, I just wanted to clarify one small
17 thing, which is that this witness won't say that this isn't one
18 of the -- you know, in particular, that because she recognizes
19 it as one in a series, but doesn't know how it came to the
20 government's possession, it's just identifying it in that way.
21 THE COURT: So your understanding is, by the time
22 frame, this wouldn't have been the one that she saw, but she
23 won't know that because you anticipate her testimony to be
24 there were several versions of these and they are all the same.
25 MS. MOE: That's correct, your Honor.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00008326
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