DOJ-OGR-00020845.jpg
539 KB
Extraction Summary
4
People
2
Organizations
1
Locations
1
Events
2
Relationships
3
Quotes
Document Information
Type:
Court transcript
File Size:
539 KB
Summary
This document is a page from a court transcript (Case 22-1426) dated February 28, 2023. It details a discussion between the Judge ('The Court') and defense attorneys (Menninger, Sternheim, Everdell) regarding how to answer an ambiguous jury question related to 'Count Four' and 'Element 2'. The defense argues that without evidence of intent for sexual activity on a return flight, the jury cannot convict.
People (4)
| Name | Role | Context |
|---|---|---|
| Ms. Menninger | Defense Counsel |
Arguing about jury instructions regarding 'Count Four' and 'purpose of travel'.
|
| The Court | Judge |
Presiding over the discussion regarding a jury question.
|
| Mr. Everdell | Defense Counsel |
Referenced by Menninger; speaks later raising a procedural issue regarding a note.
|
| Ms. Sternheim | Defense Counsel |
Requests a moment to confer with counsel.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. | ||
| DOJ |
Inferred from footer stamp 'DOJ-OGR-00020845'
|
Timeline (1 events)
Unknown
Court proceedings discussing jury instructions and a question from the jury regarding Count Four.
Courtroom
Locations (1)
| Location | Context |
|---|---|
|
Likely SDNY (New York), inferred from reporter name.
|
Relationships (2)
Menninger references Everdell's previous statement; they appear to be on the same legal team.
Sternheim asks for time, followed by 'Counsel conferred', followed by Everdell speaking.
Key Quotes (3)
"If they don't have evidence that the intent on the return flight was for purposes of sexual activity, then I do think the answer... is, no, they can't convict."Source
DOJ-OGR-00020845.jpg
Quote #1
"I don't know if what they have in mind is an aiding and abetting question"Source
DOJ-OGR-00020845.jpg
Quote #2
"The photograph on the phone keeps disappearing."Source
DOJ-OGR-00020845.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,503 characters)
Case 22-1426, Document 58, 02/28/2023, 3475901, Page19 of 221
A-219
A-219
3138
LCRVMAXT
LCRVMAXT
1 THE COURT: I can't answer this ambiguous question no.
2 I don't know that the answer is no, even with the ambiguity;
3 because I don't know if what they have in mind is an aiding and
4 abetting question, which we haven't discussed yet.
5 MS. MENNINGER: They never used the word "abet."
6 THE COURT: That's true. I won't assume that's the
7 question for purposes of the answer, but I also don't assume
8 the meaning that you've put on it for purposes of the answer.
9 So the only solution here is to say, I direct you to consider
10 the full instruction on Element 2 of Count Four on page 28.
11 MS. MENNINGER: Our request would be to emphasize the
12 portion of that that talks about the purpose of the travel.
13 Because they have highlighted the purpose of the travel in
14 their question. And the way I read it is certainly that that's
15 their question. If they don't have evidence that the intent on
16 the return flight was for purposes of sexual activity, then I
17 do think the answer, as Mr. Everdell said is, no, they can't
18 convict.
19 MS. STERNHEIM: May I have a moment?
20 (Counsel conferred)
21 MR. EVERDELL: Your Honor, I'm sorry to raise another
22 issue, but I think we have to, given the note itself.
23 One moment. Sorry. The photograph on the phone keeps
24 disappearing.
25 We're talking about they are referring to Count Four,
2 I don't know that the answer is no, even with the ambiguity;
3 because I don't know if what they have in mind is an aiding and
4 abetting question, which we haven't discussed yet.
5 MS. MENNINGER: They never used the word "abet."
6 THE COURT: That's true. I won't assume that's the
7 question for purposes of the answer, but I also don't assume
8 the meaning that you've put on it for purposes of the answer.
9 So the only solution here is to say, I direct you to consider
10 the full instruction on Element 2 of Count Four on page 28.
11 MS. MENNINGER: Our request would be to emphasize the
12 portion of that that talks about the purpose of the travel.
13 Because they have highlighted the purpose of the travel in
14 their question. And the way I read it is certainly that that's
15 their question. If they don't have evidence that the intent on
16 the return flight was for purposes of sexual activity, then I
17 do think the answer, as Mr. Everdell said is, no, they can't
18 convict.
19 MS. STERNHEIM: May I have a moment?
20 (Counsel conferred)
21 MR. EVERDELL: Your Honor, I'm sorry to raise another
22 issue, but I think we have to, given the note itself.
23 One moment. Sorry. The photograph on the phone keeps
24 disappearing.
25 We're talking about they are referring to Count Four,
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00020845
(212) 805-0300
DOJ-OGR-00020845
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