{ "document_metadata": { "page_number": "39", "document_number": "765", "date": "08/10/22", "document_type": "court transcript", "has_handwriting": false, "has_stamps": false }, "full_text": "Case 1:20-cr-00330-AJN Document 765 Filed 08/10/22 Page 39 of 95 2777\nLCI1MAX1\n1 nothing happened on the New Mexico trips, and then I think it\n2 came out in the testimony -- unless the government wants to\n3 correct me if we're wrong about that, but I think that our\n4 status of our knowledge was that we weren't expecting to hear\n5 about testimony about sexual contact in New Mexico. But they\n6 can correct me if I'm wrong about that.\n7 MR. ROHRBACH: I believe that Jane only testified as\n8 to one sexual incident of sexual abuse in New Mexico and that\n9 that was reflected in the 3500 material. I think Ms. Pomerantz\n10 is looking for it, but it should not have been a surprise to\n11 the defense.\n12 THE COURT: Yeah. I mean, the problem -- the\n13 instructions are accurate. It's clear it's a violation of New\n14 York law. This was the government's argument for not giving\n15 the limiting instructions that I gave with respect to Annie and\n16 Kate, but I did give those instructions. It sounds like maybe\n17 there was an instance in which the defense might have requested\n18 one following a particular piece of testimony. To add that\n19 now, having not -- well, let me put it this way. Having not\n20 asked for a limiting instruction then I don't think provides a\n21 basis for inclusion of limiting instructions, repetition of\n22 limiting instructions in the charge, and even without it, which\n23 was the government's original argument, it's clear that the\n24 violation of law is as charged in New York. So I'm not\n25 persuaded to include it. I'm not persuaded to include it.\nSOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300\nDOJ-OGR-00016965", "text_blocks": [ { "type": "printed", "content": "Case 1:20-cr-00330-AJN Document 765 Filed 08/10/22 Page 39 of 95 2777", "position": "header" }, { "type": "printed", "content": "LCI1MAX1", "position": "header" }, { "type": "printed", "content": "1 nothing happened on the New Mexico trips, and then I think it\n2 came out in the testimony -- unless the government wants to\n3 correct me if we're wrong about that, but I think that our\n4 status of our knowledge was that we weren't expecting to hear\n5 about testimony about sexual contact in New Mexico. But they\n6 can correct me if I'm wrong about that.\n7 MR. ROHRBACH: I believe that Jane only testified as\n8 to one sexual incident of sexual abuse in New Mexico and that\n9 that was reflected in the 3500 material. I think Ms. Pomerantz\n10 is looking for it, but it should not have been a surprise to\n11 the defense.\n12 THE COURT: Yeah. I mean, the problem -- the\n13 instructions are accurate. It's clear it's a violation of New\n14 York law. This was the government's argument for not giving\n15 the limiting instructions that I gave with respect to Annie and\n16 Kate, but I did give those instructions. It sounds like maybe\n17 there was an instance in which the defense might have requested\n18 one following a particular piece of testimony. To add that\n19 now, having not -- well, let me put it this way. Having not\n20 asked for a limiting instruction then I don't think provides a\n21 basis for inclusion of limiting instructions, repetition of\n22 limiting instructions in the charge, and even without it, which\n23 was the government's original argument, it's clear that the\n24 violation of law is as charged in New York. So I'm not\n25 persuaded to include it. I'm not persuaded to include it.", "position": "main content" }, { "type": "printed", "content": "SOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300", "position": "footer" }, { "type": "printed", "content": "DOJ-OGR-00016965", "position": "footer" } ], "entities": { "people": [ "Jane", "Ms. Pomerantz", "Annie", "Kate", "MR. ROHRBACH" ], "organizations": [ "SOUTHERN DISTRICT REPORTERS, P.C." ], "locations": [ "New Mexico", "New York" ], "dates": [ "08/10/22" ], "reference_numbers": [ "1:20-cr-00330-AJN", "765", "DOJ-OGR-00016965" ] }, "additional_notes": "The document appears to be a court transcript with a clear and legible format. There are no visible redactions or damage to the document." }