mirror-epstein-docs/results/IMAGES005/DOJ-OGR-00014141.json

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    "page_number": "35",
    "document_number": "763",
    "date": "08/10/22",
    "document_type": "court transcript",
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  "full_text": "Case 1:20-cr-00330-PAE Document 763 Filed 08/10/22 Page 35 of 197 2576 LCFCmax1 practices are like. It's not clear to me that Special Agent Young will have knowledge about the use of cellphones and availability of geo location data, personal knowledge from that era, unless the question is, did you take an investigative step to hire that data and did it exist or not exist, and that is precisely the kind of question that is improper. Your Honor, the government did not open this door on its direct case, so there is no room for the defense to start eliciting direct testimony on this point. The absence of geo location information is clear in the record from the absence of geo location information in the record. THE COURT: That's right. It sounds like what you're trying to do is have the inference of steps not taken in order to emphasize, argumentatively, the absence of evidence, which you can make those arguments in summation. MR. EVERDELL: I'll be honest with the Court, I truly don't understand the distinction between investigative steps versus absence of evidence, because they are inextricably linked in my mind. I'm trying to walk the line because I do understand the Court's ruling, but if I'm allowed to get into absence of evidence and argue that to the jury, I have to be able to point out in the direct case what they're not seeing, what absence of evidence there is. THE COURT: Why can't you do that? MR. EVERDELL: What I'm trying to do is do it through SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014141",
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      "content": "Case 1:20-cr-00330-PAE Document 763 Filed 08/10/22 Page 35 of 197 2576 LCFCmax1",
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    {
      "type": "printed",
      "content": "practices are like. It's not clear to me that Special Agent Young will have knowledge about the use of cellphones and availability of geo location data, personal knowledge from that era, unless the question is, did you take an investigative step to hire that data and did it exist or not exist, and that is precisely the kind of question that is improper. Your Honor, the government did not open this door on its direct case, so there is no room for the defense to start eliciting direct testimony on this point. The absence of geo location information is clear in the record from the absence of geo location information in the record.",
      "position": "main content"
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    {
      "type": "printed",
      "content": "THE COURT: That's right. It sounds like what you're trying to do is have the inference of steps not taken in order to emphasize, argumentatively, the absence of evidence, which you can make those arguments in summation.",
      "position": "main content"
    },
    {
      "type": "printed",
      "content": "MR. EVERDELL: I'll be honest with the Court, I truly don't understand the distinction between investigative steps versus absence of evidence, because they are inextricably linked in my mind. I'm trying to walk the line because I do understand the Court's ruling, but if I'm allowed to get into absence of evidence and argue that to the jury, I have to be able to point out in the direct case what they're not seeing, what absence of evidence there is.",
      "position": "main content"
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    {
      "type": "printed",
      "content": "THE COURT: Why can't you do that?",
      "position": "main content"
    },
    {
      "type": "printed",
      "content": "MR. EVERDELL: What I'm trying to do is do it through",
      "position": "main content"
    },
    {
      "type": "printed",
      "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014141",
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  "entities": {
    "people": [
      "Young",
      "MR. EVERDELL"
    ],
    "organizations": [
      "SOUTHERN DISTRICT REPORTERS, P.C."
    ],
    "locations": [],
    "dates": [
      "08/10/22"
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    "reference_numbers": [
      "1:20-cr-00330-PAE",
      "763",
      "DOJ-OGR-00014141",
      "(212) 805-0300"
    ]
  },
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}