DOJ-OGR-00016998.jpg
567 KB
Extraction Summary
3
People
3
Organizations
1
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Court transcript
File Size:
567 KB
Summary
This document is a page from a court transcript (Case 1:20-cr-00330-AJN) filed on August 10, 2022. It details a discussion between the Judge ('The Court'), Mr. Everdell, and Mr. Rohrbach regarding 'Instruction 44' concerning the credibility of witnesses who are convicted felons. Mr. Everdell reads a proposed instruction text derived from 'Sand' (likely a legal reference book), which Mr. Rohrbach challenges as not being standard practice in that district.
People (3)
| Name | Role | Context |
|---|---|---|
| Mr. Everdell | Defense Attorney |
Proposing specific wording for jury instruction 44 regarding witness credibility and prior convictions.
|
| The Court | Judge |
Presiding over the discussion regarding jury instructions.
|
| Mr. Rohrbach | Prosecutor/Attorney |
Objecting to or questioning the proposed instruction, noting unfamiliarity with it being used in the district.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. |
Court reporting service listed in the footer.
|
|
| DOJ |
Department of Justice, indicated by the footer stamp 'DOJ-OGR'.
|
|
| The Court |
Judicial body presiding over the case.
|
Timeline (1 events)
2022-08-10
Court hearing regarding jury instructions (Case 1:20-cr-00330-AJN), specifically discussing Instruction 44 concerning witness credibility.
Courtroom (Southern District)
Locations (1)
| Location | Context |
|---|---|
|
Likely Southern District of New York (SDNY), implied by the reporter's name and 'this district' reference.
|
Relationships (1)
Everdell proposes an instruction; Rohrbach argues against it/questions it.
Key Quotes (3)
"You have heard the testimony of a witness who was previously convicted of a crime punishable by more than one year in jail."Source
DOJ-OGR-00016998.jpg
Quote #1
"This prior conviction was put into evidence for you to consider in evaluating the witness's credibility."Source
DOJ-OGR-00016998.jpg
Quote #2
"Your Honor, we're not familiar with this instruction being given in this district, and obviously witnesses with felony convictions testify regularly."Source
DOJ-OGR-00016998.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,421 characters)
Case 1:20-cr-00330-AJN Document 765 Filed 08/10/22 Page 72 of 95
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LCIAMAX2ps
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LCIAMAX2ps
1 I can read the full instruction.
2 THE COURT: And the proposal is to include it where?
3 MR. EVERDELL: In instruction 44, in the credibility
4 of witnesses.
5 THE COURT: Right. Where?
6 MR. EVERDELL: I think it could be either after the
7 second paragraph, before the third paragraph, or after the
8 third paragraph, which goes on to the next page before the
9 first full paragraph on that page.
10 THE COURT: OK.
11 MR. EVERDELL: I'm happy to read it if you like, or
12 you can just -- it's up to the Court.
13 THE COURT: I don't have it yet. So go ahead.
14 MR. EVERDELL: OK. So the way it reads in Sand is,
15 "You have heard the testimony of a witness who was previously
16 convicted of a crime punishable by more than one year in jail.
17 This prior conviction was put into evidence for you to consider
18 in evaluating the witness's credibility. You may consider that
19 fact -- you may consider the fact that the witness who
20 testified is a convicted felon in deciding how much of his" --
21 I think maybe "his or her testimony to accept and what weight
22 if any it should be given."
23 MR. ROHRBACH: Your Honor, we're not familiar with
24 this instruction being given in this district, and obviously
25 witnesses with felony convictions testify regularly. The
2 THE COURT: And the proposal is to include it where?
3 MR. EVERDELL: In instruction 44, in the credibility
4 of witnesses.
5 THE COURT: Right. Where?
6 MR. EVERDELL: I think it could be either after the
7 second paragraph, before the third paragraph, or after the
8 third paragraph, which goes on to the next page before the
9 first full paragraph on that page.
10 THE COURT: OK.
11 MR. EVERDELL: I'm happy to read it if you like, or
12 you can just -- it's up to the Court.
13 THE COURT: I don't have it yet. So go ahead.
14 MR. EVERDELL: OK. So the way it reads in Sand is,
15 "You have heard the testimony of a witness who was previously
16 convicted of a crime punishable by more than one year in jail.
17 This prior conviction was put into evidence for you to consider
18 in evaluating the witness's credibility. You may consider that
19 fact -- you may consider the fact that the witness who
20 testified is a convicted felon in deciding how much of his" --
21 I think maybe "his or her testimony to accept and what weight
22 if any it should be given."
23 MR. ROHRBACH: Your Honor, we're not familiar with
24 this instruction being given in this district, and obviously
25 witnesses with felony convictions testify regularly. The
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00016998
(212) 805-0300
DOJ-OGR-00016998
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