DOJ-OGR-00007140.json 4.1 KB

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  10. "full_text": "Case 1:20-cr-00330-PAE Document 465 Filed 11/15/21 Page 89 of 127\nLB1TMAX3\n1 particular individual was 17. We agree that she alleges that she was 17. It's quite possible, in fact likely, that she was older than that, but I wanted to clarify that.\n4 THE COURT: Fair enough. At least 17, the parties agree. Thank you.\n6 And I should say on that, Ms. Moe, I don't know if the government anticipated putting in evidence about the sort of subjective feelings of the individual. I can't say I see the relevance in light of the fact of the legality of the conduct here and my ruling, and certainly 403 prejudice would be a concern. So if that is something that the government is still contemplating, despite what I've indicated here, you'll have to include briefing with respect to that.\n14 MS. MOE: Yes, your Honor. My point was simply I think it would be obvious based on the way that she presents that this is a difficult thing to discuss, and so that was my point on that issue. But I take the Court's point, if we were intending to elicit any testimony about that, we would certainly find that for the Court, particularly in light of the Court's ruling.\n21 THE COURT: You see the potential, given the legality of the conduct with respect to this individual, that the sort of feelings as to the immorality or wrongness or damage done to this individual, all of which may be true, would have the potential to prejudice the jury by convicting on a basis for\n25\nSOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300\nDOJ-OGR-00007140",
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  24. "content": "1 particular individual was 17. We agree that she alleges that she was 17. It's quite possible, in fact likely, that she was older than that, but I wanted to clarify that.\n4 THE COURT: Fair enough. At least 17, the parties agree. Thank you.\n6 And I should say on that, Ms. Moe, I don't know if the government anticipated putting in evidence about the sort of subjective feelings of the individual. I can't say I see the relevance in light of the fact of the legality of the conduct here and my ruling, and certainly 403 prejudice would be a concern. So if that is something that the government is still contemplating, despite what I've indicated here, you'll have to include briefing with respect to that.\n14 MS. MOE: Yes, your Honor. My point was simply I think it would be obvious based on the way that she presents that this is a difficult thing to discuss, and so that was my point on that issue. But I take the Court's point, if we were intending to elicit any testimony about that, we would certainly find that for the Court, particularly in light of the Court's ruling.\n21 THE COURT: You see the potential, given the legality of the conduct with respect to this individual, that the sort of feelings as to the immorality or wrongness or damage done to this individual, all of which may be true, would have the potential to prejudice the jury by convicting on a basis for",
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  40. "Ms. Moe"
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  47. "11/15/21"
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