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Case 1:20-cr-00330-PAE Document 765 Filed 08/10/22 Page 39 of 95 2777 LCI1MAX1 1 nothing happened on the New Mexico trips, and then think it 2 came out in the testimony -- unless the government wants to 8 correct me if we're wrong about that, but I think that our 4 status of our knowledge was that we weren't expecting to hear 5 about testimony about sexual contact in New Mexico. But they 6 can correct me if I'm wrong about that. 7 MR. ROHRBACH: [ believe that Jane only testified as 8 to one sexual incident of sexual abuse in New Mexico and that y) that was reflected in the 3500 material. think Ms. Pomerantz 10 is looking for it, but it should not have been a surprise to 11 the defense. 12 THE COURT: Yeah. I mean, the problem —- the 13 instructions are accurate. It's clear it's a violation of New 14 York law. This was the government's argument for not giving 15 the limiting instructions that I gave with respect to Annie and 16 Kate, but I did give those instructions. It sounds like maybe 17 there was an instance in which the defense might have requested 18 one following a particular piece of testimony. To add that 19 now, having not -- well, let me put it this way. Having not 20 asked for a limiting instruction then I don't think provides a 21 basis for inclusion of limiting instructions, repetition of 22 limiting instructions in the charge, and even without it, which 23 was the government's original argument, it's clear that the 24 violation of law is as charged in New York. So I'm not 25 persuaded to include it. I'm not persuaded to include it. SOUTHERN D STR CT REPORT ERS, (212) 805-0300 DOJ-OGR-00014343