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- "page_number": "36",
- "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 36 of 197 2577\nLCFCmax1\n1 the agent and just elicit from the agent that there were no\n2 phone records because phone records get deleted after a certain\n3 amount of time, but I believe they tried to get phone records,\n4 but none existed because of the age of the allegations. I\n5 mean, geo location, I think anybody who could testify to the\n6 fact that there aren't geo location -- the information,\nespecially an FBI agent because cellphones didn't exist back\n8 then, there weren't records available back then. And emails,\n9 too, that there were no emails to get because of the age of the\n10 case. That's all I'm trying to do with that point, your Honor,\n11 is elicit the absence of evidence so that we can then argue it\n12 in front of the jury.\n13 MR. ROHRBACH: Your Honor, they don't have to elicit\n14 the absence of evidence in order to argue to the jury that the\n15 evidence is absent. So to the extent they are trying to elicit\n16 the absence of evidence through Special Agent Young is just the\n17 argument they want to make in closing made through leading\n18 questions on direct examination of a federal law enforcement\n19 agent.\n20 THE COURT: I'm just going to reread the relevant\n21 portion of the transcript. I will take them as they come, but\n22 my instinct is the government is correct, you're either\n23 violating my rule or you're being argumentative in a way that\n24 you can argue from an absence in closing.\n25 MR. EVERDELL: Your Honor --\nSOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300\nDOJ-OGR-00014142",
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- "content": "1 the agent and just elicit from the agent that there were no\n2 phone records because phone records get deleted after a certain\n3 amount of time, but I believe they tried to get phone records,\n4 but none existed because of the age of the allegations. I\n5 mean, geo location, I think anybody who could testify to the\n6 fact that there aren't geo location -- the information,\nespecially an FBI agent because cellphones didn't exist back\n8 then, there weren't records available back then. And emails,\n9 too, that there were no emails to get because of the age of the\n10 case. That's all I'm trying to do with that point, your Honor,\n11 is elicit the absence of evidence so that we can then argue it\n12 in front of the jury.",
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- "content": "13 MR. ROHRBACH: Your Honor, they don't have to elicit\n14 the absence of evidence in order to argue to the jury that the\n15 evidence is absent. So to the extent they are trying to elicit\n16 the absence of evidence through Special Agent Young is just the\n17 argument they want to make in closing made through leading\n18 questions on direct examination of a federal law enforcement\n19 agent.",
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- "content": "20 THE COURT: I'm just going to reread the relevant\n21 portion of the transcript. I will take them as they come, but\n22 my instinct is the government is correct, you're either\n23 violating my rule or you're being argumentative in a way that\n24 you can argue from an absence in closing.",
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- "content": "25 MR. EVERDELL: Your Honor --",
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- "content": "SOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300",
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- "content": "DOJ-OGR-00014142",
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- "entities": {
- "people": [
- "MR. ROHRBACH",
- "MR. EVERDELL",
- "Special Agent Young"
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- "organizations": [
- "FBI",
- "SOUTHERN DISTRICT REPORTERS, P.C."
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- "dates": [
- "08/10/22"
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- "1:20-cr-00330-PAE",
- "763",
- "DOJ-OGR-00014142"
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