DOJ-OGR-00011659.jpg
587 KB
Extraction Summary
3
People
3
Organizations
1
Locations
1
Events
2
Relationships
3
Quotes
Document Information
Type:
Court transcript
File Size:
587 KB
Summary
This is a page from a court transcript filed on August 10, 2022, related to Case 1:20-cr-00330-PAE. Defense attorney Mr. Everdell argues that under New Mexico law, the sexual activity in question was not illegal because it lacked force or coercion, and requests that jury instructions reflect this distinction. The Court agrees to consider how best to clarify this for the jury.
People (3)
| Name | Role | Context |
|---|---|---|
| Mr. Everdell | Defense Attorney |
Arguing regarding jury instructions and New Mexico law; requesting clarity that specific acts were not illegal under ...
|
| Mr. Rohrbach | Prosecutor/Government Attorney |
Responding to the court confirming he has no further comments on the current issue.
|
| The Court | Judge |
Presiding over the hearing, discussing how to instruct the jury regarding the evidence and elements of the crime.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. | ||
| The Government |
Referenced by the defense regarding their charging strategy and case law citations.
|
|
| Department of Justice (DOJ) |
Implied by Bates stamp 'DOJ-OGR'.
|
Timeline (1 events)
2022-08-10
Court hearing regarding jury instructions in Case 1:20-cr-00330-PAE (USA v. Maxwell).
Southern District of New York (Implied by Southern District Reporters)
Locations (1)
| Location | Context |
|---|---|
|
Jurisdiction whose laws are being discussed regarding the legality of sexual activity.
|
Relationships (2)
Dialogue exchange in court transcript.
Speaks on behalf of the prosecution (implied context).
Key Quotes (3)
"So I think it is a correct statement of law to say this is not illegal sexual activity under New Mexico law, and that's what the instruction should reflect to the jury."Source
DOJ-OGR-00011659.jpg
Quote #1
"I'm going to think about the best way to provide clarity to the jury so that they know what they can and what they can't do with this evidence."Source
DOJ-OGR-00011659.jpg
Quote #2
"the issue they're raising is that there has to be force involved or coercion involved for this to be something illegal."Source
DOJ-OGR-00011659.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,510 characters)
Case 1:20-cr-00330-PAE Document 739 Filed 08/10/22 Page 38 of 43 38
LBNAMAXTps
LBNAMAXTps
1 Honor. -- New Mexico law, that we would have a substantive
2 violation in addition for this witness. We don't. And in fact
3 I believe the government, bassed on the case law they're
4 citing, the issue they're raising is that there has to be force
5 involved or coercion involved for this to be something illegal.
6 And that's not how they charge it. That's never been an issue
7 in this case. We've litigated that issue quite extensively.
8 So I think it is a correct statement of law to say this is not
9 illegal sexual activity under New Mexico law, and that's what
10 the instruction should reflect to the jury.
11 THE COURT: I think the important point has to be
12 captured in "as charged by the government and for purposes of
13 establishing the elements that the jury has to consider." So I
14 hear your point. I'm going to think about the best way to
15 provide clarity to the jury so that they know what they can and
16 what they can't do with this evidence.
17 MR. EVERDELL: Thank you, your Honor.
18 THE COURT: I'll do my best. And I'll hear from you
19 after I re-propose.
20 Anything else on that?
21 MR. ROHRBACH: No. Thank you, your Honor.
22 THE COURT: Anything else, Mr. Everdell?
23 MR. EVERDELL: No, your Honor. Thank you.
24 THE COURT: All right. So next is just to go over,
25 make sure we're all on the same page -- that's all I have for
2 violation in addition for this witness. We don't. And in fact
3 I believe the government, bassed on the case law they're
4 citing, the issue they're raising is that there has to be force
5 involved or coercion involved for this to be something illegal.
6 And that's not how they charge it. That's never been an issue
7 in this case. We've litigated that issue quite extensively.
8 So I think it is a correct statement of law to say this is not
9 illegal sexual activity under New Mexico law, and that's what
10 the instruction should reflect to the jury.
11 THE COURT: I think the important point has to be
12 captured in "as charged by the government and for purposes of
13 establishing the elements that the jury has to consider." So I
14 hear your point. I'm going to think about the best way to
15 provide clarity to the jury so that they know what they can and
16 what they can't do with this evidence.
17 MR. EVERDELL: Thank you, your Honor.
18 THE COURT: I'll do my best. And I'll hear from you
19 after I re-propose.
20 Anything else on that?
21 MR. ROHRBACH: No. Thank you, your Honor.
22 THE COURT: Anything else, Mr. Everdell?
23 MR. EVERDELL: No, your Honor. Thank you.
24 THE COURT: All right. So next is just to go over,
25 make sure we're all on the same page -- that's all I have for
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00011659
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