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- "date": "08/10/22",
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- "full_text": "Case 1:20-cr-00330-PAE Document 745 Filed 08/10/22 Page 58 of 264 464 LC1Qmax2 Jane - Cross 1 and what the date of the interview was, and nobody liked that. 2 So today I tried -- 3 THE COURT: I don't think I sustained an objection to that. 4 5 MS. MENNINGER: Well, I said here's the date and then there was an objection at the time. But in Rule 613(a), it says: When showing or disposing the statement during examination. When examining a witness about the witness' prior statement, a party need not show it or disclose its contents to the witness. But the party must on request show it or disclose its contents to an adversary party's attorney. 12 And so because I don't believe I have to show it to her. If I want to prove it later with extrinsic evidence, she has to be given an opportunity to explain or deny the statement and the adversary party is given an opportunity to examine the witness about it. That's the way I read that rule. 17 THE COURT: So the extrinsic evidence of a witness' prior inconsistent statement. My point is if she says she doesn't remember, it's not an inconsistent statement. You have to get to a point of inconsistency. 21 MS. MENNINGER: Here is the inconsistency. 22 THE COURT: When you're doing it based on what she testified to yesterday, if there's a difference, yes. 24 MS. MENNINGER: That's what I've been trying to do. 25 THE COURT: Here you're saying on this date you said SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017667",
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- "content": "1 and what the date of the interview was, and nobody liked that. 2 So today I tried -- 3 THE COURT: I don't think I sustained an objection to that. 4 5 MS. MENNINGER: Well, I said here's the date and then there was an objection at the time. But in Rule 613(a), it says: When showing or disposing the statement during examination. When examining a witness about the witness' prior statement, a party need not show it or disclose its contents to the witness. But the party must on request show it or disclose its contents to an adversary party's attorney. 12 And so because I don't believe I have to show it to her. If I want to prove it later with extrinsic evidence, she has to be given an opportunity to explain or deny the statement and the adversary party is given an opportunity to examine the witness about it. That's the way I read that rule. 17 THE COURT: So the extrinsic evidence of a witness' prior inconsistent statement. My point is if she says she doesn't remember, it's not an inconsistent statement. You have to get to a point of inconsistency. 21 MS. MENNINGER: Here is the inconsistency. 22 THE COURT: When you're doing it based on what she testified to yesterday, if there's a difference, yes. 24 MS. MENNINGER: That's what I've been trying to do. 25 THE COURT: Here you're saying on this date you said",
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- "08/10/22"
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