DOJ-OGR-00014373.json 4.3 KB

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  3. "page_number": "69",
  4. "document_number": "765",
  5. "date": "08/10/22",
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  10. "full_text": "Case 1:20-cr-00330-PAE Document 765 Filed 08/10/22 Page 69 of 95 2807 LCIAMAX2ps\n\n1 who's going to be giving the closing argument.\n2 THE COURT: I think she's standing over your shoulder.\n3 MS. STERNHEIM: No.\n4 MR. PAGLIUCA: No.\n5 MS. STERNHEIM: Surprise. It's not me.\n6 MR. PAGLIUCA: I can give the Court that answer before we leave today, if that's all right with the Court.\n7\n8 MR. ROHRBACH: If I may just say, your Honor, I'm not even sure that these things can be pulled apart. An argument that these people were older is so intertwined with an argument that she thought these people were older that, even if they didn't say the words about that in their closing, I think the jury would assume that, absent some more affirmative stipulation, so the government would have to rebut it. A conscious avoidance theory is an appropriate way to do so.\n9\n10\n11\n12\n13\n14\n15\n16 THE COURT: Yes. It's a fair point. And I'm going to look carefully at relevant portions of the transcript, but I do think it is sufficiently in issue that it's appropriate to give the instruction. I would consider, as part of my calculus in coming to a final resolution, if the defense were to indicate it wouldn't specifically make that argument. But --\n17\n18\n19\n20\n21\n22 MS. STERNHEIM: We'll get you that answer as soon as we can. It will be following the break, I think.\n23\n24 MR. ROHRBACH: Your Honor, the other -- we've also articulated a theory that there are flight records showing the\n25\nSOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300\nDOJ-OGR-00014373",
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  19. "content": "1 who's going to be giving the closing argument.\n2 THE COURT: I think she's standing over your shoulder.\n3 MS. STERNHEIM: No.\n4 MR. PAGLIUCA: No.\n5 MS. STERNHEIM: Surprise. It's not me.\n6 MR. PAGLIUCA: I can give the Court that answer before we leave today, if that's all right with the Court.\n7\n8 MR. ROHRBACH: If I may just say, your Honor, I'm not even sure that these things can be pulled apart. An argument that these people were older is so intertwined with an argument that she thought these people were older that, even if they didn't say the words about that in their closing, I think the jury would assume that, absent some more affirmative stipulation, so the government would have to rebut it. A conscious avoidance theory is an appropriate way to do so.\n9\n10\n11\n12\n13\n14\n15\n16 THE COURT: Yes. It's a fair point. And I'm going to look carefully at relevant portions of the transcript, but I do think it is sufficiently in issue that it's appropriate to give the instruction. I would consider, as part of my calculus in coming to a final resolution, if the defense were to indicate it wouldn't specifically make that argument. But --\n17\n18\n19\n20\n21\n22 MS. STERNHEIM: We'll get you that answer as soon as we can. It will be following the break, I think.\n23\n24 MR. ROHRBACH: Your Honor, the other -- we've also articulated a theory that there are flight records showing the\n25",
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  33. "entities": {
  34. "people": [
  35. "MS. STERNHEIM",
  36. "MR. PAGLIUCA",
  37. "MR. ROHRBACH",
  38. "THE COURT"
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  40. "organizations": [
  41. "SOUTHERN DISTRICT REPORTERS, P.C."
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  44. "dates": [
  45. "08/10/22"
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