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559 KB
Extraction Summary
4
People
2
Organizations
1
Locations
1
Events
1
Relationships
4
Quotes
Document Information
Type:
Court transcript
File Size:
559 KB
Summary
This document is a page from a court transcript filed on August 10, 2022, related to Case 1:20-cr-00330-PAE. Defense attorney Ms. Sternheim argues that a witness must testify via WebEx because they have tested positive for COVID and cannot enter the United States. The Court agrees that unavailability is established and anticipates permitting the remote testimony, instructing counsel to work out the logistics.
People (4)
| Name | Role | Context |
|---|---|---|
| Ms. Sternheim | Defense Attorney |
Arguing for a witness to testify via WebEx due to COVID.
|
| The Court | Judge |
Presiding over the hearing and ruling on the witness testimony.
|
| Mr. Rohrbach | Government Counsel |
Responding to the defense's motion regarding Rule 15 factors.
|
| Unnamed Witness | Witness |
Subject of the discussion; has tested positive for COVID and cannot travel.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. | ||
| DOJ |
Implied by Bates stamp DOJ-OGR-00016505
|
Timeline (1 events)
2022-08-10
Locations (1)
| Location | Context |
|---|---|
|
Country the witness is unable to enter due to COVID.
|
Relationships (1)
Dialogue in court transcript representing defense and government respectively.
Key Quotes (4)
"Here, we do have a definitive positive test for COVID, and I think that speaks for itself."Source
DOJ-OGR-00016505.jpg
Quote #1
"He certainly would not even be able to get on a plane, let alone enter the United States."Source
DOJ-OGR-00016505.jpg
Quote #2
"I think the unavailability on the defense's proffer is established."Source
DOJ-OGR-00016505.jpg
Quote #3
"But I anticipate this witness will be permitted to testify by WebEx."Source
DOJ-OGR-00016505.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,399 characters)
Case 1:20-cr-00330-PAE Document 761 Filed 08/10/22 Page 22 of 246 2317
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1 make the full record of the reasons for permitting the witness
2 to testify through WebEx.
3 THE COURT: Okay.
4 You don't disagree with that, do you?
5 MS. STERNHEIM: No. But I would just note that in the
6 case that I've cited, United States v. Al-Fawwaz, there was
7 less of a showing in that case as to the unavailability of the
8 witness who was available to come to the site where he was
9 deposed by myself and government counsel.
10 Here, we do have a definitive positive test for COVID,
11 and I think that speaks for itself. He certainly would not
12 even be able to get on a plane, let alone enter the United
13 States.
14 THE COURT: I think the unavailability on the
15 defense's proffer is established. So why don't you work out
16 the -- if a further record is required and logistics. I don't
17 think I let a witness testify remotely. I let a juror
18 deliberate remotely.
19 MR. ROHRBACH: I think the Court is right. I think
20 the Court considered and applied the Rule 15 factors, but did
21 not allow the witness to testify remotely is my recollection,
22 your Honor.
23 THE COURT: I'll look at it. But I anticipate this
24 witness will be permitted to testify by WebEx. So you'll work
25 out what we need to do to effectuate that.
2 to testify through WebEx.
3 THE COURT: Okay.
4 You don't disagree with that, do you?
5 MS. STERNHEIM: No. But I would just note that in the
6 case that I've cited, United States v. Al-Fawwaz, there was
7 less of a showing in that case as to the unavailability of the
8 witness who was available to come to the site where he was
9 deposed by myself and government counsel.
10 Here, we do have a definitive positive test for COVID,
11 and I think that speaks for itself. He certainly would not
12 even be able to get on a plane, let alone enter the United
13 States.
14 THE COURT: I think the unavailability on the
15 defense's proffer is established. So why don't you work out
16 the -- if a further record is required and logistics. I don't
17 think I let a witness testify remotely. I let a juror
18 deliberate remotely.
19 MR. ROHRBACH: I think the Court is right. I think
20 the Court considered and applied the Rule 15 factors, but did
21 not allow the witness to testify remotely is my recollection,
22 your Honor.
23 THE COURT: I'll look at it. But I anticipate this
24 witness will be permitted to testify by WebEx. So you'll work
25 out what we need to do to effectuate that.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00016505
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