DOJ-OGR-00013168.json 4.1 KB

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  4. "document_number": "753",
  5. "date": "08/10/22",
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  10. "full_text": "Case 1:20-cr-00330-PAE Document 753 Filed 08/10/22 Page 155 of 264 LC7VMAX5 Carolyn - cross 1 explored in your cross-examination, which is under oath. But I do think in advance of that, we need a full understanding which I think includes making sure you have every text and email communication. I would think you need to have an interview with Jane, as well, to see if you're getting the same information from her. And I think you need to make sure that there are no other conduits of information regarding Jane's testimony to the brother. MR. ROHRBACH: Yes, your Honor. THE COURT: Okay. And I've started to look at the law too. I think it's unlikely we're going to get to a breach of the text of the rule. I think my hypo about if somebody passed the transcript would certainly go to a violation of the spirit of the rule and not the text. And there may be some further version of full communication of her testimony, especially a witness who's being put on solely to provide prior consistent statements. I don't think the government did anything wrong. I'm a little shocked that this wasn't fully drilled into these witnesses just as a matter of best practice. I understand from the notes that it was communicated to the witnesses not to speak to other witnesses, but somehow this witness didn't understand that to mean his sister. But here we are. MR. ROHRBACH: Your Honor, on that point, we would just say that the notes from today reflect that the witness SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00013168",
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  24. "content": "1 explored in your cross-examination, which is under oath. But I do think in advance of that, we need a full understanding which I think includes making sure you have every text and email communication. I would think you need to have an interview with Jane, as well, to see if you're getting the same information from her. And I think you need to make sure that there are no other conduits of information regarding Jane's testimony to the brother. MR. ROHRBACH: Yes, your Honor. THE COURT: Okay. And I've started to look at the law too. I think it's unlikely we're going to get to a breach of the text of the rule. I think my hypo about if somebody passed the transcript would certainly go to a violation of the spirit of the rule and not the text. And there may be some further version of full communication of her testimony, especially a witness who's being put on solely to provide prior consistent statements. I don't think the government did anything wrong. I'm a little shocked that this wasn't fully drilled into these witnesses just as a matter of best practice. I understand from the notes that it was communicated to the witnesses not to speak to other witnesses, but somehow this witness didn't understand that to mean his sister. But here we are. MR. ROHRBACH: Your Honor, on that point, we would just say that the notes from today reflect that the witness",
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  38. "entities": {
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  40. "Jane",
  41. "MR. ROHRBACH"
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  44. "SOUTHERN DISTRICT REPORTERS, P.C."
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  47. "dates": [
  48. "08/10/22"
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  51. "1:20-cr-00330-PAE",
  52. "753",
  53. "DOJ-OGR-00013168"
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