DOJ-OGR-00012234.jpg
Extracted Text (OCR)
Case 1:20-cr-00330-PAE
Document 745
Filed 08/10/22
Page 214 of 264
625
LC1Qmax6 Jane — Redirect
1 MS. MOE: i ask him about that, I do expect he
2 would say, yes, other girls. And so think unless it's a
3 leading question, just want to front that in order to avoid
4 creating an issue there.
iS) THE COURT: Yes. Well, lead, and that way I don't
6 have to strike the testimony as not a prior consistent
7 statement.
8 MS. MOE: Yes, your Honor. If the Court authorizes us
9 to lead, I think we can navigate through this area.
10 THE COURT: Ms. Sternheim, okay if she leads through
11 this portion?
12 MS. STERNHEIM: have no problem with that, Judge,
13 but if the witness on his own sua sponte says girls, I will be
14 objecting to that. cannot rely on what they are going to do
15 or not do in closing.
16 THE COURT: agree with that. That's why I said --
17 MS. STERNHEIM: That's fine.
18 THE COURT: -- I will let Ms. Moe lead so I don't have
19 to strike that testimony. I think we are in agreement that if
20 he were to testify that she told her that there were girls, the
21 imolication would be underage; that implication wouldn't be a
22 prior consistent statement, and so I wouldn't allow that
23 implication to stay with the jury.
24 MS. STERNHEIM: understand, and I thank you for
25 that. But the other part would be there was no testimony on
SOUTHERN D
STRICT REPORT
ERS,
(212) 805-0300
PG ew
DOJ-OGR-00012234
Document Details
| Filename | DOJ-OGR-00012234.jpg |
| File Size | 564.4 KB |
| OCR Confidence | 93.7% |
| Has Readable Text | Yes |
| Text Length | 1,438 characters |
| Indexed | 2026-02-03 18:17:46.238907 |