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- "document_metadata": {
- "page_number": "39",
- "document_number": "765",
- "date": "08/10/22",
- "document_type": "court transcript",
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- "full_text": "Case 1:20-cr-00330-PAE Document 765 Filed 08/10/22 Page 39 of 95 2777\nLCI1MAX1\n\n1 nothing happened on the New Mexico trips, and then I think it\n2 came out in the testimony -- unless the government wants to\n3 correct me if we're wrong about that, but I think that our\n4 status of our knowledge was that we weren't expecting to hear\n5 about testimony about sexual contact in New Mexico. But they\n6 can correct me if I'm wrong about that.\n7\n8 MR. ROHRBACH: I believe that Jane only testified as\n9 to one sexual incident of sexual abuse in New Mexico and that\n10 that was reflected in the 3500 material. I think Ms. Pomerantz\n11 is looking for it, but it should not have been a surprise to\n12 the defense.\n13 THE COURT: Yeah. I mean, the problem -- the\n14 instructions are accurate. It's clear it's a violation of New\n15 York law. This was the government's argument for not giving\n16 the limiting instructions that I gave with respect to Annie and\n17 Kate, but I did give those instructions. It sounds like maybe\n18 there was an instance in which the defense might have requested\n19 one following a particular piece of testimony. To add that\n20 now, having not -- well, let me put it this way. Having not\n21 asked for a limiting instruction then I don't think provides a\n22 basis for inclusion of limiting instructions, repetition of\n23 limiting instructions in the charge, and even without it, which\n24 was the government's original argument, it's clear that the\n25 violation of law is as charged in New York. So I'm not\npersuaded to include it. I'm not persuaded to include it.\n\nSOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300\n\nDOJ-OGR-00014343",
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- "content": "Case 1:20-cr-00330-PAE Document 765 Filed 08/10/22 Page 39 of 95 2777",
- "position": "header"
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- "type": "printed",
- "content": "LCI1MAX1",
- "position": "header"
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- {
- "type": "printed",
- "content": "nothing happened on the New Mexico trips, and then I think it\ncame out in the testimony -- unless the government wants to\ncorrect me if we're wrong about that, but I think that our\nstatus of our knowledge was that we weren't expecting to hear\nabout testimony about sexual contact in New Mexico. But they\ncan correct me if I'm wrong about that.\n\nMR. ROHRBACH: I believe that Jane only testified as\nto one sexual incident of sexual abuse in New Mexico and that\nthat was reflected in the 3500 material. I think Ms. Pomerantz\nis looking for it, but it should not have been a surprise to\nthe defense.\n\nTHE COURT: Yeah. I mean, the problem -- the\ninstructions are accurate. It's clear it's a violation of New\nYork law. This was the government's argument for not giving\nthe limiting instructions that I gave with respect to Annie and\nKate, but I did give those instructions. It sounds like maybe\nthere was an instance in which the defense might have requested\none following a particular piece of testimony. To add that\nnow, having not -- well, let me put it this way. Having not\nasked for a limiting instruction then I don't think provides a\nbasis for inclusion of limiting instructions, repetition of\nlimiting instructions in the charge, and even without it, which\nwas the government's original argument, it's clear that the\nviolation of law is as charged in New York. So I'm not\npersuaded to include it. I'm not persuaded to include it.",
- "position": "main"
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- "type": "printed",
- "content": "SOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300",
- "position": "footer"
- },
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- "type": "printed",
- "content": "DOJ-OGR-00014343",
- "position": "footer"
- }
- ],
- "entities": {
- "people": [
- "Jane",
- "Ms. Pomerantz",
- "Annie",
- "Kate",
- "MR. ROHRBACH"
- ],
- "organizations": [
- "SOUTHERN DISTRICT REPORTERS, P.C."
- ],
- "locations": [
- "New Mexico",
- "New York"
- ],
- "dates": [
- "08/10/22"
- ],
- "reference_numbers": [
- "1:20-cr-00330-PAE",
- "765",
- "DOJ-OGR-00014343"
- ]
- },
- "additional_notes": "The document appears to be a court transcript with a clear and legible format. There are no visible redactions or damage to the document."
- }
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