DOJ-OGR-00017003.jpg
589 KB
Extraction Summary
4
People
2
Organizations
1
Locations
1
Events
3
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
589 KB
Summary
This document is a court transcript from August 10, 2022, detailing a legal argument between two attorneys, Mr. Rohrbach and Mr. Everdell, and the judge. The discussion centers on the precise wording of a jury instruction concerning "uncalled witnesses," with Mr. Everdell proposing a modification and Mr. Rohrbach defending the standard instruction used in the district.
People (4)
| Name | Role | Context |
|---|---|---|
| MR. ROHRBACH | Attorney |
Speaker in a court proceeding, arguing about a jury instruction for an "uncalled witness".
|
| MR. EVERDELL | Attorney |
Speaker in a court proceeding, proposing an alternative wording for a jury instruction.
|
| THE COURT | Judge |
Speaker in a court proceeding, presiding over the discussion on jury instructions.
|
| Sand |
Mentioned as having suggested the jury instruction being discussed.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page as the court reporting service.
|
| government | government agency |
Mentioned as the entity that chose not to call or immunize certain co-conspirators.
|
Timeline (1 events)
2022-08-10
A discussion took place in court regarding the wording of a jury instruction about uncalled witnesses.
A court in an unspecified district.
Locations (1)
| Location | Context |
|---|---|
|
Refers to the legal district where the case is being prosecuted, likely the Southern District based on the reporters'...
|
Relationships (3)
Both are attorneys participating in the same court proceeding, presenting opposing or differing viewpoints on a legal matter to the judge.
Mr. Rohrbach is addressing the Court (the judge) to argue a legal point during a proceeding.
Mr. Everdell is addressing the Court (the judge) to propose an alternative legal instruction during a proceeding.
Key Quotes (2)
"If we can just eliminate the language in the title of the charge that says "equally available to both sides" and just have "the uncalled witnesses.""Source
— MR. EVERDELL
(Proposing an alternative wording for a jury instruction to the Court.)
DOJ-OGR-00017003.jpg
Quote #1
"This is the uncalled witness instruction, your Honor. This is the instruction given, suggested by Sand and given by this Court."Source
— MR. ROHRBACH
(Arguing in favor of using the standard jury instruction.)
DOJ-OGR-00017003.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,595 characters)
Case 1:20-cr-00330-AJN Document 765 Filed 08/10/22 Page 77 of 95
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1 So there is more than just the one witness who indicated that
2 she was going to invoke had the defense called her. There were
3 other co-conspirators who the government chose not to call, not
4 to immunize, and we couldn't possibly call in our defense
5 without -- because we can't give any immunity ourselves.
6 MR. ROHRBACH: Your Honor, this is true in basically
7 every conspiracy case and every gang case that is prosecuted in
8 this district. There are unindicted co-conspirators. Yet this
9 instruction is given and is the run-of-the-mill instruction, as
10 the Court said, in cases in this district.
11 MR. EVERDELL: Your Honor, if the Court is inclined to
12 give the instruction, I can propose an alternative.
13 THE COURT: I will take an alternative.
14 MR. EVERDELL: If we can just eliminate the language
15 in the title of the charge that says "equally available to both
16 sides" and just have "the uncalled witnesses."
17 I believe there's also language that says "equal
18 opportunity."
19 THE COURT: Or lack of opportunity.
20 MR. EVERDELL: Yes.
21 MR. ROHRBACH: This is the uncalled witness
22 instruction, your Honor. This is the instruction given,
23 suggested by Sand and given by this Court. I have five
24 examples right here where the Court has given this instruction.
25 THE COURT: As I say, it's always given, always
2 she was going to invoke had the defense called her. There were
3 other co-conspirators who the government chose not to call, not
4 to immunize, and we couldn't possibly call in our defense
5 without -- because we can't give any immunity ourselves.
6 MR. ROHRBACH: Your Honor, this is true in basically
7 every conspiracy case and every gang case that is prosecuted in
8 this district. There are unindicted co-conspirators. Yet this
9 instruction is given and is the run-of-the-mill instruction, as
10 the Court said, in cases in this district.
11 MR. EVERDELL: Your Honor, if the Court is inclined to
12 give the instruction, I can propose an alternative.
13 THE COURT: I will take an alternative.
14 MR. EVERDELL: If we can just eliminate the language
15 in the title of the charge that says "equally available to both
16 sides" and just have "the uncalled witnesses."
17 I believe there's also language that says "equal
18 opportunity."
19 THE COURT: Or lack of opportunity.
20 MR. EVERDELL: Yes.
21 MR. ROHRBACH: This is the uncalled witness
22 instruction, your Honor. This is the instruction given,
23 suggested by Sand and given by this Court. I have five
24 examples right here where the Court has given this instruction.
25 THE COURT: As I say, it's always given, always
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00017003
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