DOJ-OGR-00016504.jpg
594 KB
Extraction Summary
4
People
3
Organizations
1
Locations
1
Events
2
Relationships
3
Quotes
Document Information
Type:
Court transcript
File Size:
594 KB
Summary
This document is a page from a court transcript (Case 1:20-cr-00330-PAE, likely US v. Maxwell) filed on August 10, 2022. The discussion involves a Prosecutor (Mr. Rohrbach) and the Judge regarding the logistical handling of a witness who has tested positive for COVID-19. The government indicates they will not contest the witness's unavailability under Rule 15 if a positive test exists.
People (4)
| Name | Role | Context |
|---|---|---|
| Mr. Rohrbach | Prosecutor/Government Attorney |
Arguing regarding the admissibility of remote testimony due to COVID.
|
| Ms. Sternheim | Defense Attorney |
Mentioned as having proffered that a witness has a positive COVID test.
|
| The Court | Judge |
Presiding over the discussion regarding witness availability.
|
| Unnamed Witness | Witness |
Subject of the discussion regarding remote testimony due to COVID-19.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. |
Footer information.
|
|
| The Government |
Represented by Mr. Rohrbach.
|
|
| Department of Justice (DOJ) |
Implied by Bates stamp DOJ-OGR.
|
Timeline (1 events)
2022-08-10
Court hearing discussion regarding Rule 15 and witness unavailability due to COVID-19.
Courtroom (Southern District of New York)
Locations (1)
| Location | Context |
|---|---|
|
Implied jurisdiction based on 'Southern District Reporters'.
|
Relationships (2)
Mr. Rohrbach speaks on behalf of 'the government'.
Ms. Sternheim's proffer that she has a positive COVID test
Key Quotes (3)
"My understanding is in general that the courts follow the factors in Rule 15 for depositions in order to make this determination"Source
DOJ-OGR-00016504.jpg
Quote #1
"We would not resist that the witness is unavailable if there's a positive COVID test, your Honor."Source
DOJ-OGR-00016504.jpg
Quote #2
"To be clear, I don't think the government is resisting on any of those factors."Source
DOJ-OGR-00016504.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,515 characters)
Case 1:20-cr-00330-PAE Document 761 Filed 08/10/22 Page 21 of 246 2316
LCGVMAX1
LCGVMAX1
1 necessary to make it part of a public record.
2 THE COURT: All right.
3 Why don't you work out -- Mr. Rohrbach, you think a
4 finding other than Ms. Sternheim's -- you think a record beyond
5 Ms. Sternheim's proffer that she has a positive COVID test,
6 would the government -- you said the court has done this
7 before; you mean a colleague has done it. I haven't done it.
8 MR. ROHRBACH: My understanding is that before the
9 COVID era, the Court may have done -- taken -- permitted a
10 witness to testify remotely or at least considered the issue
11 before. Maybe not permitted actually, your Honor.
12 My understanding is in general that the courts follow
13 the factors in Rule 15 for depositions in order to make this
14 determination; and so the Court would have to find that witness
15 is unavailable, that it's in the interest of justice before
16 permitting it.
17 THE COURT: Okay. And the government wants -- well,
18 it seems to me if there's a positive COVID test --
19 MR. ROHRBACH: We would not resist that the witness is
20 unavailable if there's a positive COVID test, your Honor.
21 THE COURT: Okay.
22 MR. ROHRBACH: To be clear, I don't think the
23 government is resisting on any of those factors. Under Rule 15
24 we would -- and we could come back at a break and elaborate on
25 exactly what the stretches are. We just would ask the Court to
2 THE COURT: All right.
3 Why don't you work out -- Mr. Rohrbach, you think a
4 finding other than Ms. Sternheim's -- you think a record beyond
5 Ms. Sternheim's proffer that she has a positive COVID test,
6 would the government -- you said the court has done this
7 before; you mean a colleague has done it. I haven't done it.
8 MR. ROHRBACH: My understanding is that before the
9 COVID era, the Court may have done -- taken -- permitted a
10 witness to testify remotely or at least considered the issue
11 before. Maybe not permitted actually, your Honor.
12 My understanding is in general that the courts follow
13 the factors in Rule 15 for depositions in order to make this
14 determination; and so the Court would have to find that witness
15 is unavailable, that it's in the interest of justice before
16 permitting it.
17 THE COURT: Okay. And the government wants -- well,
18 it seems to me if there's a positive COVID test --
19 MR. ROHRBACH: We would not resist that the witness is
20 unavailable if there's a positive COVID test, your Honor.
21 THE COURT: Okay.
22 MR. ROHRBACH: To be clear, I don't think the
23 government is resisting on any of those factors. Under Rule 15
24 we would -- and we could come back at a break and elaborate on
25 exactly what the stretches are. We just would ask the Court to
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00016504
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