DOJ-OGR-00017179.jpg

be N Ww ws Oo OY ~] oO WO a oO = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 were a number of mischaracterizations to items tha requesting it the charge. The second issue the jury will were no now, al be char though I t in evidence. of testimony or in Th understan ged this afternoon that we wanted to raise is, Case 1:20-cr-00330-PAE Document 767 _ Filed 08/10/22 Page 158 of 257 2992 LCKCmax7 they were th mails that Ms. Menninger referenced between Kate and Epstein. THE COURT: Those came in redacted? MS. MOE Yes, completely redacted without any content. MS. MENNINGER: Judge, it came in the testimony. The emails themselves were redacted. The content was part of the testimony. THE COURT: [ think that's right. MS. MOE: don't believe th mails were offered, were offered for the truth. That's one of the reasons we wanted to check the transcript. THE COURT: The curative instruction that you're asking for is in the charge, precisely the words that you just indicated, that it's, what's in evidence and not counsel's arguments. The jury is going to get that. It's in the charge. MS. MOE: Yes, your Honor. Our concern was that there items throughout the closing that were accurate or references at's why we're d the Court's point that and that language is in as the Court will recall from pretrial litigation, we moved to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017179