DOJ-OGR-00017588.json 3.9 KB

123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051
  1. {
  2. "document_metadata": {
  3. "page_number": "226",
  4. "document_number": "743",
  5. "date": "08/10/22",
  6. "document_type": "court transcript",
  7. "has_handwriting": false,
  8. "has_stamps": false
  9. },
  10. "full_text": "Case 1:20-cr-00330-APAE Document 743 Filed 08/10/22 Page 226 of 247 358 LBUVMAX6 Jane - direct the truth or not, which is precisely why I granted the Rule 17 subpoena and, I suspect, in the opening raised this issue precisely. So whether it's true or not, the question is what is her understanding. So if the question is phrased that way, I will overrule the objection. MS. MOE: Yes, your Honor. In fact, that is exactly how I phrased that question for that reason. MS. MENNINGER: I still think it's a legal conclusion, your Honor, asking someone, you know, what is the effect of a contract or what is -- how can a contract be dissolved. It's just not within the ken of a person who is not -- THE COURT: I can give a limiting instruction that testimony is not being offered for -- as a legal instruction, but for the witness's understanding. MS. MENNINGER: Sure. That would be better -- THE COURT: Any objection? MS. MOE: No, your Honor. I think this is very commonplace, it happens all the time. For example, when cooperators testify about their understanding of whether, for example, a verdict in a case affects their cooperation agreement with the government, I don't think there's a limiting instruction; because, again, the question is about this person's understanding. I can make that very clear when I ask the question. It's directly responsive to defense arguments about whether this witness has a motive to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017588",
  11. "text_blocks": [
  12. {
  13. "type": "printed",
  14. "content": "Case 1:20-cr-00330-APAE Document 743 Filed 08/10/22 Page 226 of 247 358 LBUVMAX6 Jane - direct",
  15. "position": "header"
  16. },
  17. {
  18. "type": "printed",
  19. "content": "the truth or not, which is precisely why I granted the Rule 17 subpoena and, I suspect, in the opening raised this issue precisely. So whether it's true or not, the question is what is her understanding. So if the question is phrased that way, I will overrule the objection. MS. MOE: Yes, your Honor. In fact, that is exactly how I phrased that question for that reason. MS. MENNINGER: I still think it's a legal conclusion, your Honor, asking someone, you know, what is the effect of a contract or what is -- how can a contract be dissolved. It's just not within the ken of a person who is not -- THE COURT: I can give a limiting instruction that testimony is not being offered for -- as a legal instruction, but for the witness's understanding. MS. MENNINGER: Sure. That would be better -- THE COURT: Any objection? MS. MOE: No, your Honor. I think this is very commonplace, it happens all the time. For example, when cooperators testify about their understanding of whether, for example, a verdict in a case affects their cooperation agreement with the government, I don't think there's a limiting instruction; because, again, the question is about this person's understanding. I can make that very clear when I ask the question. It's directly responsive to defense arguments about whether this witness has a motive to",
  20. "position": "main content"
  21. },
  22. {
  23. "type": "printed",
  24. "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017588",
  25. "position": "footer"
  26. }
  27. ],
  28. "entities": {
  29. "people": [
  30. "MS. MOE",
  31. "MS. MENNINGER"
  32. ],
  33. "organizations": [
  34. "SOUTHERN DISTRICT REPORTERS, P.C."
  35. ],
  36. "locations": [],
  37. "dates": [
  38. "08/10/22"
  39. ],
  40. "reference_numbers": [
  41. "1:20-cr-00330-APAE",
  42. "743",
  43. "226",
  44. "247",
  45. "358",
  46. "LBUVMAX6",
  47. "DOJ-OGR-00017588"
  48. ]
  49. },
  50. "additional_notes": "The document appears to be a court transcript with a clear and legible format. There are no visible redactions or damage."
  51. }