DOJ-OGR-00017667.jpg
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Case 1:20-cr-00330-PAE
LC1QOmax2
and what the date of
Document 745
Jane -— Cross
the interview was,
don't think
So today I tried --
THE COURT: L
that.
MS. MENNINGER:
there was an objection
says:
examination.
statement,
the witness.
contents
its
And
her. f
has
and
Well,
Filed 08/10/22
Page 58 of 264
and nobody liked that.
I sustained an objection to
When examining a wit
a part
Bu
to
SO
want
to be given
When showing or
at the time.
disposing
an
be
to
said here's the date and then
But in Rule 613(a), it
the statement during
tness about the witness' prior
cause I don't believe
prove it later with extrinsic
ty need not show it or disclose its contents to
t the party must on request show it or disclose
adversary party's attorney.
I have to show it to
vidence, sh
an opportunity to explain or deny the statement
witness about it.
THE
prior inconsistent statement.
COURT:
That's the way I read
doesn't remember,
My point
So the extrinsic evidence of
is if
the adversary party is given an opportunity to examine the
that rule.
a witness'
she says she
it's not an inconsistent statement.
You have
to get to a point of inconsistency.
MS. MENNINGER: Here is the inconsistency.
THE COURT: When you're doing it based on what she
testified to yesterday, if there's a difference, yes.
MS. MENNINGER: That's what I've been trying to do.
THE COURT: Here you're saying on this date you said
SOUTHERN DISTRICT REPORTERS, P.C.
(212%) 805-0220
464
DOJ-OGR-00017667