DOJ-OGR-00017668.jpg
582 KB
Extraction Summary
6
People
1
Organizations
0
Locations
1
Events
4
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
582 KB
Summary
This document is a court transcript from August 10, 2022, capturing a legal argument during the cross-examination of a witness named Jane. The discussion, involving attorneys Ms. Menninger, Ms. Moe, and the judge, centers on whether a witness's statement of "I don't remember" can be treated as inconsistent with a prior statement made to an agent concerning an individual named Epstein. The parties debate the proper legal procedure for questioning a witness about such a potential inconsistency.
People (6)
| Name | Role | Context |
|---|---|---|
| Epstein |
Subject of questioning regarding whether he told a witness where to sit.
|
|
| Jane | Witness |
Mentioned in the header as the person being cross-examined.
|
| MS. MENNINGER | Attorney |
A speaker in the court transcript, arguing about inconsistent statements.
|
| THE COURT | Judge |
A speaker in the court transcript, mediating the legal argument.
|
| MS. MOE | Attorney |
A speaker in the court transcript, arguing about the proper way to question a witness.
|
| agent | Agent |
An unnamed agent to whom the witness gave a prior statement.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the transcript, likely the court reporting service.
|
Timeline (1 events)
2022-08-10
A cross-examination of a witness named Jane, involving a legal argument between attorneys (Ms. Menninger and Ms. Moe) and the Court about how to handle a potential prior inconsistent statement made by the witness to an agent regarding Epstein.
Courtroom (implied)
Relationships (4)
Ms. Menninger is an attorney arguing a point of law before the judge (THE COURT).
Ms. Moe is an attorney arguing a point of law before the judge (THE COURT).
They are opposing counsel engaged in a legal disagreement during a court proceeding.
Key Quotes (4)
"I don't remember."Source
— Witness (Jane)
(The witness's response when questioned about a prior statement, which is the subject of the legal debate.)
DOJ-OGR-00017668.jpg
Quote #1
"What's inconsistent about you saying, "You said X to the agent," and she says, "I don't remember." Is that an inconsistency?"Source
— Unknown (likely THE COURT or an attorney)
(A hypothetical question posed to clarify the legal definition of an inconsistent statement.)
DOJ-OGR-00017668.jpg
Quote #2
"But I agree with you if you have a prior statement that is inconsistent with testimony, that's when we're there."Source
— THE COURT
(The judge stating the legal standard for when a prior statement can be used for impeachment.)
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Quote #3
"The question is, did you make that statement?"Source
— MS. MOE
(Ms. Moe suggesting the proper form of a question to ask the witness about a prior statement.)
DOJ-OGR-00017668.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,477 characters)
Case 1:20-cr-00330-PAE Document 745 Filed 08/10/22 Page 59 of 264 465
LC1Qmax2
Jane - Cross
LC1Qmax2
Jane - Cross
1 Epstein told you where to sit. She says, "I don't remember."
2 It's not an inconsistent statement. That's the difference.
3 Then you can refresh her on what she said. But if what you're
4 doing is -- right? What's inconsistent about you saying, "You
5 said X to the agent," and she says, "I don't remember." Is
6 that an inconsistency?
7 MS. MENNINGER: The statement that she gave yesterday
8 versus what her statement to the agent that's what I'm trying.
9 THE COURT: I let you do that. I let you do that.
10 Just now the example that drew the objection you said Epstein
11 didn't -- you told the agent you didn't sit next to Epstein and
12 she said "I don't remember."
13 MS. MENNINGER: Okay. So I will show her for that
14 type of example --
15 THE COURT: But I agree with you if you have a prior
16 statement that is inconsistent with testimony, that's when
17 we're there.
18 MS. MOE: Yes, your Honor and in that scenario, it's a
19 question: Did you say that to the agent on this date? If not,
20 showing the witness the document and asking her to read it into
21 the record. The question is, did you make that statement?
22 MS. MENNINGER: I just asked.
23 THE COURT: I agree. I think you did it right up
24 until this moment when we didn't have and inconsistent
25 statement? We're in vigorous disagreement.
2 It's not an inconsistent statement. That's the difference.
3 Then you can refresh her on what she said. But if what you're
4 doing is -- right? What's inconsistent about you saying, "You
5 said X to the agent," and she says, "I don't remember." Is
6 that an inconsistency?
7 MS. MENNINGER: The statement that she gave yesterday
8 versus what her statement to the agent that's what I'm trying.
9 THE COURT: I let you do that. I let you do that.
10 Just now the example that drew the objection you said Epstein
11 didn't -- you told the agent you didn't sit next to Epstein and
12 she said "I don't remember."
13 MS. MENNINGER: Okay. So I will show her for that
14 type of example --
15 THE COURT: But I agree with you if you have a prior
16 statement that is inconsistent with testimony, that's when
17 we're there.
18 MS. MOE: Yes, your Honor and in that scenario, it's a
19 question: Did you say that to the agent on this date? If not,
20 showing the witness the document and asking her to read it into
21 the record. The question is, did you make that statement?
22 MS. MENNINGER: I just asked.
23 THE COURT: I agree. I think you did it right up
24 until this moment when we didn't have and inconsistent
25 statement? We're in vigorous disagreement.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00017668
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