DOJ-OGR-00007149.json 4.2 KB

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  1. {
  2. "document_metadata": {
  3. "page_number": "98",
  4. "document_number": "465",
  5. "date": "11/15/21",
  6. "document_type": "court transcript",
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  10. "full_text": "Case 1:20-cr-00330-PAE Document 465 Filed 11/15/21 Page 98 of 127 98 LB1TMAX3\ndiscrete fashion, and I believe they do not have knowledge about what the other officers did or didn't do as part of that search. So what we end up with is this piecemeal approach of: I was over here and did this, somebody over there did that, but I can't put it all together for you 20 years after the fact. And look, I understand if they have a witness who could say I was there, I saw this, I can authenticate, that's fine. I don't have a problem with that. But again, they haven't identified that witness or what pieces of this that witness is going to talk about. So that's problem number one. Problem number two is the timing of this. This is an October 2005 search where they seized items that they're trying to now relate back to a 1994 to 2004 timeframe. What that table has to do with 1994, I don't know. 2004, I don't know. Whether it was there in 2004, we don't know. All we know is that in a moment in time, in October 2005, someone says these items were seized and that ends up on a search warrant inventory from a deceased detective that doesn't have any foundation to it. That's my problem, your Honor. And there may be discrete pieces of evidence that a certain witness might be able to identify, but I think we're just short shifting the whole evidentiary process here with these proffers where they're saying we can do it, and I'm not convinced they can. THE COURT: We're not short shifting because it SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00007149",
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  14. "content": "Case 1:20-cr-00330-PAE Document 465 Filed 11/15/21 Page 98 of 127 98 LB1TMAX3",
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  19. "content": "discrete fashion, and I believe they do not have knowledge about what the other officers did or didn't do as part of that search. So what we end up with is this piecemeal approach of: I was over here and did this, somebody over there did that, but I can't put it all together for you 20 years after the fact. And look, I understand if they have a witness who could say I was there, I saw this, I can authenticate, that's fine. I don't have a problem with that. But again, they haven't identified that witness or what pieces of this that witness is going to talk about. So that's problem number one. Problem number two is the timing of this. This is an October 2005 search where they seized items that they're trying to now relate back to a 1994 to 2004 timeframe. What that table has to do with 1994, I don't know. 2004, I don't know. Whether it was there in 2004, we don't know. All we know is that in a moment in time, in October 2005, someone says these items were seized and that ends up on a search warrant inventory from a deceased detective that doesn't have any foundation to it. That's my problem, your Honor. And there may be discrete pieces of evidence that a certain witness might be able to identify, but I think we're just short shifting the whole evidentiary process here with these proffers where they're saying we can do it, and I'm not convinced they can.",
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  24. "content": "THE COURT: We're not short shifting because it",
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  29. "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300",
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  34. "content": "DOJ-OGR-00007149",
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  41. "SOUTHERN DISTRICT REPORTERS, P.C."
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  44. "dates": [
  45. "11/15/21",
  46. "October 2005",
  47. "1994",
  48. "2004"
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  51. "1:20-cr-00330-PAE",
  52. "Document 465",
  53. "DOJ-OGR-00007149"
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