DOJ-OGR-00008341.jpg
608 KB
Extraction Summary
4
People
2
Organizations
2
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Court transcript (trial proceedings)
File Size:
608 KB
Summary
This is a page from a court transcript (Case 1:20-cr-00330-PAE, likely the Ghislaine Maxwell trial) filed on December 10, 2021. The Judge ('The Court') is discussing jury instructions regarding a specific witness involved in sexual conduct in New Mexico. The Judge notes that while the witness was above the age of consent in New Mexico, the government is using the evidence to prove enticement for illegal acts in New York, and the jury instructions must accurately reflect this legal distinction without favoring the government's arguments.
People (4)
| Name | Role | Context |
|---|---|---|
| The Court | Judge |
Presiding over the discussion regarding jury instructions and evidence admissibility.
|
| Unnamed Witness | Witness/Victim |
A witness involved in sexual conduct in New Mexico who was above the age of consent there, but whose testimony is use...
|
| The Government | Prosecution |
Offering evidence regarding the witness to prove enticement.
|
| Jurors | Jury |
Recipients of the instructions being debated.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. |
Court reporting service listed in footer.
|
|
| The Government |
Referring to the Department of Justice/Prosecution team.
|
Locations (2)
| Location | Context |
|---|---|
|
Location where specific sexual conduct with a witness took place.
|
|
|
Location where illegal sexual conduct/enticement is charged.
|
Relationships (1)
Government offering witness evidence as enticement.
Key Quotes (3)
"So we won't add 'solely,' because we don't want to wrongly instruct the jury about the law."Source
DOJ-OGR-00008341.jpg
Quote #1
"I understand there's a witness where the only sexual conduct took place in New Mexico, and I had understood previously that that witness was above the age of consent in New Mexico, but that the government was offering that evidence as enticement to engage in illegal sexual conduct in New York."Source
DOJ-OGR-00008341.jpg
Quote #2
"What we can't do is infuse the instruction with the government's case and arguments."Source
DOJ-OGR-00008341.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,566 characters)
Case 1:20-cr-00330-PAE Document 536 Filed 12/10/21 Page 31 of 43 31
LBNAMAXTps
LBNAMAXTps
1 THE COURT: So we won't add "solely," because we don't
2 want to wrongly instruct the jury about the law. So we'll keep
3 that one as it is.
4 I need to think about the other one. In my mind, this
5 is an issue that pertains -- I understand there's a witness
6 where the only sexual conduct took place in New Mexico, and I
7 had understood previously that that witness was above the age
8 of consent in New Mexico, but that the government was offering
9 that evidence as enticement to engage in illegal sexual conduct
10 in New York. And that's what I was trying to capture in the
11 instruction, so that that evidence could be relevant, the jury
12 could see that evidence as relevant to the enticement to
13 illegal sexual activity as defined under New York law, which is
14 the only way that the government has charged this case, other
15 than the trafficking count -- well, including the trafficking
16 count, yes.
17 And that's what I was trying to capture. And I'll
18 consider the alterations you're suggesting. What we can't do
19 is infuse the instruction with the government's case and
20 arguments. The point here is just to make clear what the
21 jurors can't do and then, to the extent they otherwise deem the
22 evidence relevant, they can consider it and we'll give them the
23 charge at the end of the day. But I'll consider the
24 suggestions. I haven't -- just haven't had time.
25 Anything on that?
2 want to wrongly instruct the jury about the law. So we'll keep
3 that one as it is.
4 I need to think about the other one. In my mind, this
5 is an issue that pertains -- I understand there's a witness
6 where the only sexual conduct took place in New Mexico, and I
7 had understood previously that that witness was above the age
8 of consent in New Mexico, but that the government was offering
9 that evidence as enticement to engage in illegal sexual conduct
10 in New York. And that's what I was trying to capture in the
11 instruction, so that that evidence could be relevant, the jury
12 could see that evidence as relevant to the enticement to
13 illegal sexual activity as defined under New York law, which is
14 the only way that the government has charged this case, other
15 than the trafficking count -- well, including the trafficking
16 count, yes.
17 And that's what I was trying to capture. And I'll
18 consider the alterations you're suggesting. What we can't do
19 is infuse the instruction with the government's case and
20 arguments. The point here is just to make clear what the
21 jurors can't do and then, to the extent they otherwise deem the
22 evidence relevant, they can consider it and we'll give them the
23 charge at the end of the day. But I'll consider the
24 suggestions. I haven't -- just haven't had time.
25 Anything on that?
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00008341
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