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Case 1:20-cr-00330-PAE Document 753 Filed 08/10/22 Page 2 of 264 1424 LC 7VMAX1 1 (Trial resumed; jury not present) 2 THE COURT: Matters to take up. 3 MS. MENNINGER: Yes, your Honor. 4 THE COURT Go ahead, Ms. Menninger. 5 MS. MENNINGER: We learned early this morning through 6 a disclosure by the government that they have spoken with 7 witness Brian. 8 THE COURT: I'm sorry, could you pull up the mic 9 closer please. Thank you. 10 MS. MENNINGER: That they had spoken with witness 11 Brian, who was anticipated to testify today. Brian is the 12 brother of witness Jane. 13 THE COURT: Correct. 14 MS. MENNINGER: You may recall, your Honor, we had 15 litigation around prior consistent statements; and that Brian 16 is being offered in part to report supposedly prior consistent 17 statements with Jane. We had discussions about whether Jane 18 would be subject to recall in order to be questioned about 19 those particular prior consistent statements, should they be 20 admitted. 21 What we learned from the government early this morning 22 is that after her testimony, Jane called Brian and discussed 23 with Brian her testimony in court, in violation of the Court's 24 sequestration order. She disclosed to him a document that she 25 was shown on the stand during cross-examination; she gave her SOUTH ERN D STR CT REPORT ERS, (212) 805-0300 2) DOJ-OGR-00018600