DOJ-OGR-00014009.json 3.9 KB

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  3. "page_number": "150",
  4. "document_number": "761",
  5. "date": "08/10/22",
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  10. "full_text": "Case 1:20-cr-00330-PAE Document 761 Filed 08/10/22 Page 150 of 246 2445 LCGCmax4 Loftus - direct surrounded by the speculative mental impressions of the witness, which are not admissible evidence. And the statement on its own says almost nothing is an out of context statement from which, on its face, doesn't say anything about Kate's motives or financial interests in anything. MS. STERNHEIM: Judge, can the government really, with a straight face, say that a victim would say, \"It fell into my lap.\" I think it goes to the weight that the jury wants to give to it and I think that it is appropriate affirmative testimony to be put on in a defense case. They can make whatever arguments they want, they can cross examine Mr. Hamilton, but to exclude it on that basis I think is just wrong. THE COURT: I mean, I think we've settled on the analytical framework, which is we agree, following Harvey, if it is extrinsic evidence, to show bias in favor of or against a party, it's permissible; right? MR. ROHRBACH: Yes, we agree. THE COURT: So it's really a 401 question. Is there an available inference to the jury, if they believe Mr. Hamilton, that the witness said that Kate said, \"It fell into my lap,\" if that goes to bias. I think there is an available inference to the jury. I won't let Mr. Hamilton go beyond and speculate as to meaning. MS. STERNHEIM: Understood. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014009",
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  14. "content": "Case 1:20-cr-00330-PAE Document 761 Filed 08/10/22 Page 150 of 246 2445 LCGCmax4 Loftus - direct",
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  19. "content": "surrounded by the speculative mental impressions of the witness, which are not admissible evidence. And the statement on its own says almost nothing is an out of context statement from which, on its face, doesn't say anything about Kate's motives or financial interests in anything. MS. STERNHEIM: Judge, can the government really, with a straight face, say that a victim would say, \"It fell into my lap.\" I think it goes to the weight that the jury wants to give to it and I think that it is appropriate affirmative testimony to be put on in a defense case. They can make whatever arguments they want, they can cross examine Mr. Hamilton, but to exclude it on that basis I think is just wrong. THE COURT: I mean, I think we've settled on the analytical framework, which is we agree, following Harvey, if it is extrinsic evidence, to show bias in favor of or against a party, it's permissible; right? MR. ROHRBACH: Yes, we agree. THE COURT: So it's really a 401 question. Is there an available inference to the jury, if they believe Mr. Hamilton, that the witness said that Kate said, \"It fell into my lap,\" if that goes to bias. I think there is an available inference to the jury. I won't let Mr. Hamilton go beyond and speculate as to meaning. MS. STERNHEIM: Understood.",
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  24. "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300",
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  33. "entities": {
  34. "people": [
  35. "MS. STERNHEIM",
  36. "Mr. Hamilton",
  37. "MR. ROHRBACH",
  38. "Kate",
  39. "Harvey"
  40. ],
  41. "organizations": [
  42. "SOUTHERN DISTRICT REPORTERS, P.C."
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  44. "locations": [],
  45. "dates": [
  46. "08/10/22"
  47. ],
  48. "reference_numbers": [
  49. "1:20-cr-00330-PAE",
  50. "761",
  51. "DOJ-OGR-00014009"
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