HOUSE_OVERSIGHT_011451.jpg
Extracted Text (OCR)
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12
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wife)
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148
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but it certainly is not anything that there is going to be any
real evidence about in this case.
The next two LiButti factors, the next one relates to
any interest in the outcome of the litigation. Again,
Mr. Cassell has to manufacture some interest here. These folks
are not defendants in this case, these witnesses. They have no
financial interest. They have no ties. There is no joint
defense agreement. There is no indemnification agreement.
There is nothing. They have absolutely no dog in this fight,
again, which is no interest in the litigation.
There's just really nothing that would allow any
adverse inference in this case one way or the other.
Finally, your Honor -- well, two final points. The
questioning, you know, the kind of questions that were posed to
these witnesses were precisely the kind of questions that have
been disapproved in the Second Circuit. And that's Brink's
Inc. v. City of New York, which is in the papers; WorldCom
Security Litigation, also in the papers; and LiButti itself.
These are not technical objections. It serves no legitimate
evidentiary purpose for a lawyer to come in and simply ask a
very bunch of highly charged, leading questions to which they
know the witness is going to say, "I take the Fifth." There is
no evidentiary ball advanced with those questions, because it's
just lawyer argument that doesn't do anything for anybody. So
both sides could ask a hundred questions, they could both be
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
HOUSE_OVERSIGHT_011451
Extracted Information
Phone Numbers
Document Details
| Filename | HOUSE_OVERSIGHT_011451.jpg |
| File Size | 0.0 KB |
| OCR Confidence | 85.0% |
| Has Readable Text | Yes |
| Text Length | 1,617 characters |
| Indexed | 2026-02-04T16:13:50.293926 |