DOJ-OGR-00012530.jpg

be NO Ww ws Oo OY ~] oO Ke) a oO he be No (ee) = Hs Oo _ OY a ~] a oO a Ke} 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 749 LBUCmaxl Filed 08/10/22 Page 16 of 236 920 testify that he found or he saw at least a green massage table when they did the video sweep and that he was able to look at that table when he was there in the house, and then he saw what appeared to him to be semen on the table. I don't think that that because, for example, on both 401 testimony is appropriate and 403 grounds, this table was found a full year after the last year of the conspiracy charged here, so that's 2004. The search was October 20th, 2005, a full year later. Him seeing something that appeared to be semen, first, they never tested it, it's in a room with lotions for massage. How he knows this appears to be semen, I don't know, but regardless of that fact, it's done a year after the fact. Any number of ways that could have been on there, if it is, in fact, semen, I don't see how it's probative of a conspiracy the table during the time period that ends in 2004, unless they can show that the semen was on of the conspiracy. Given that, if we have an agent talking about semen in front of the jury, that's just going to be a salacious detail 401, 403. MS. COMEY: Your Honor, be very brief and very clinical. that is going to be prejudicial of the client. So we object on I expect this testimony would He would describe seeing a white stain that he saw and thought was consistent with the appearance of semen, and I think that is entirely SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00012530