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Case 1:20-cr-00330-PAE Document 380 _ Filed 10/29/21 Page10of54
names were already public and that some victims had come forward by choice, Judge Garaufis
found those facts “irrelevant”: “just because some victims’ names are publicly available does not
mean that the details of their experiences are already available,” and “the choice of a victim to
publicly discuss a crime is not analogous to being put on the stand about it, as, in court, the
victim will not be able to choose how and to what level of detail she discusses the crime.” Jd. at
34 n.17.
Judge Donnelly reached a similar result in United States v. Robert Kelly, 19 Cr. 286
(AMD). In that case, the Government also moved in /imine to permit certain victims to testify
using pseudonyms or their first names and prevent public disclosure of their addresses, names of
family members, or exact places of employment. Mot. at 1, Kelly, No. 19 Cr. 286 (E.D.N.Y.
July 10, 2021), Dkt. No. 121. As the Government explained, the victims were “expected to
testify in explicit detail and/or be the subject of highly sensitive and personal testimony
conceming their . . . illegal sexual abuse by the defendant, some of which occurred while most of
the Victim-Witnesses were under the age of 18.” Jd. at 9-10. The Government also explained
that two of the victims had “not spoken publicly about their experiences,” and while a third had
done so, “her anticipated testimony at trial will be more fulsome than her prior public disclosures
and will include sensitive information that has not been previously publicly revealed.” Jd. at 11.
The Court granted the motion. Aug. 3, 2021 Tr. at 53:13-55:2, Kelly, No. 19 Cr. 286 (E.D.N.Y.).
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Document Details
| Filename | DOJ-OGR-00005403.jpg |
| File Size | 594.3 KB |
| OCR Confidence | 92.8% |
| Has Readable Text | Yes |
| Text Length | 1,703 characters |
| Indexed | 2026-02-03 16:59:29.998097 |