{
  "document_metadata": {
    "page_number": "21",
    "document_number": "398",
    "date": "10/29/21",
    "document_type": "court document",
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    "has_stamps": false
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  "full_text": "Case 1:20-cr-00330-PAE Document 398 Filed 10/29/21 Page 21 of 52\n\nC. Ms. Maxwell reiterates her request to defer briefing and ruling on the admissibility of and exhibits for two weeks.\nFor the reasons already detailed, the complexity of the issues and the fact that recently disclosed testimony appears to be of utmost centrality to the government's case, Ms. Maxwell repeats and reiterates her request that she be afforded additional time to submit a comprehensive motion in limine concerning the introduction of this testimony and exhibits as supposed direct evidence of the charged conspiracy. In that there remains a full month before opening statements, Ms. Maxwell's fundamental rights to present a defense, to have the effective assistance of counsel, and to a right to confront witnesses and subpoena witnesses to testify in her defense all will be preserved by a small delay on this issue.\n\nIII. THIS COURT SHOULD EXCLUDE LISA ROCCHIO'S TESTIMONY UNDER FEDERAL RULE OF EVIDENCE 702 AND DAUBERT V. MERRELL DOW PHARMACEUTICALS, INC., 509 U.S. 579 (1993) AND GRANT A DAUBERT HEARING\nA. This Court should reject the government's arguments to the extent that they are based on newly disclosed material, which this Court ordered the government to produce six months ago.\nRecognizing that Rocchio's proposed testimony is on shaky ground (to say the least), the government belatedly tries to shore up its case and hoist up its expert witness. Two days ago, and six months after the court-imposed deadline for expert disclosures, the government first disclosed to defense counsel about 300 pages of material on which Rocchio apparently relied in reaching her conclusions. This Court should reject the government's untimely effort to save Rocchio's testimony from exclusion. See United States v. Lewis, 818 F. App'x 74, 79 (2d Cir. 2020) (unpublished) (affirming exclusion of defendant's proffered expert evidence \"that did not adhere to the discovery schedule\").\n15\nDOJ-OGR-00005976",
  "text_blocks": [
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      "type": "printed",
      "content": "Case 1:20-cr-00330-PAE Document 398 Filed 10/29/21 Page 21 of 52",
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    {
      "type": "printed",
      "content": "C. Ms. Maxwell reiterates her request to defer briefing and ruling on the admissibility of and exhibits for two weeks.",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "For the reasons already detailed, the complexity of the issues and the fact that recently disclosed testimony appears to be of utmost centrality to the government's case, Ms. Maxwell repeats and reiterates her request that she be afforded additional time to submit a comprehensive motion in limine concerning the introduction of this testimony and exhibits as supposed direct evidence of the charged conspiracy. In that there remains a full month before opening statements, Ms. Maxwell's fundamental rights to present a defense, to have the effective assistance of counsel, and to a right to confront witnesses and subpoena witnesses to testify in her defense all will be preserved by a small delay on this issue.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "III. THIS COURT SHOULD EXCLUDE LISA ROCCHIO'S TESTIMONY UNDER FEDERAL RULE OF EVIDENCE 702 AND DAUBERT V. MERRELL DOW PHARMACEUTICALS, INC., 509 U.S. 579 (1993) AND GRANT A DAUBERT HEARING",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "A. This Court should reject the government's arguments to the extent that they are based on newly disclosed material, which this Court ordered the government to produce six months ago.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "Recognizing that Rocchio's proposed testimony is on shaky ground (to say the least), the government belatedly tries to shore up its case and hoist up its expert witness. Two days ago, and six months after the court-imposed deadline for expert disclosures, the government first disclosed to defense counsel about 300 pages of material on which Rocchio apparently relied in reaching her conclusions. This Court should reject the government's untimely effort to save Rocchio's testimony from exclusion. See United States v. Lewis, 818 F. App'x 74, 79 (2d Cir. 2020) (unpublished) (affirming exclusion of defendant's proffered expert evidence \"that did not adhere to the discovery schedule\").",
      "position": "bottom"
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    {
      "type": "printed",
      "content": "15",
      "position": "footer"
    },
    {
      "type": "printed",
      "content": "DOJ-OGR-00005976",
      "position": "footer"
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  ],
  "entities": {
    "people": [
      "Maxwell",
      "Lisa Rocchio"
    ],
    "organizations": [],
    "locations": [],
    "dates": [
      "10/29/21",
      "six months ago",
      "2020"
    ],
    "reference_numbers": [
      "1:20-cr-00330-PAE",
      "Document 398",
      "509 U.S. 579",
      "818 F. App'x 74",
      "DOJ-OGR-00005976"
    ]
  },
  "additional_notes": "The document appears to be a court filing with redactions. The text is mostly printed, with no handwritten content or stamps visible."
}