DOJ-OGR-00014119.jpg

Case 1:20-cr-00330-PAE Document 763 Filed 08/10/22 Page 13 of 197 2554 LCFCmax1l 1 That's just saying, oh, Judge has a good point, maybe we could 2 strengthen this, I'm going to propose a new witness and delay 3 trial. No. 4 MR. EVERDELL: Your Honor, we're not delaying trial. 5 We only had one day of defense case. We're allowed to put 6 on -—- 7 THE COURT: You're announcing a new witness simply 8 because I've questioned the relevance of the ownership 9 documents by asking if they showed ownership or residency, 10 because I thought, well, if it's just ownership, maybe it's not 11 relevant, but I'm letting them in. f weren't letting them 12 in, I suppose you'd have a point. 13 MR. EVERDELL: Your Honor, the way the stipulation 14 understand is going to be worded with the government allowing 15 admitting the testimony from Ms. Maxwell's testimony, they will 16 be arguing to the jury that that shows that she didn't reside 17 there, that the ownership records don't show residency, and you 18 can infer from that that maybe she was there at the time 19 period. 20 THE COURT: Is that deposition transcript new 21 information to you? You weren't aware that your client -- 22 MS. MENNINGER: t was a property deposition that was 23 taken in 2019, a slip and fall, and she was deposed as a 24 third-party witness. They didn't give it to us. We still 25 don't have th ntire deposition. So yes, your Honor, it is SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014119