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be N Ww ws Oo OY ~] oO WO Ww a OY 20 21 22 23 24 25 Case 1:20-cr-00330-PAE LBI5SMAX2 Document 465 ‘Filed 11/15/21 Page 47 of 127 47 to the credibility of for that reason, we would ask that the defense be precluded from opening on this issue or otherwise raising issues related individuals who would not be testifying at this trial including not only non-testifying victims but also attorneys. MS. MENNING BR: non-testifying victim" Your Honor, even the statement "a is very loaded because who is going to testify that that person is a victim and on what ground? That's the problem. THE COURT: ak We ll, I wouldn't allow testimony by a witness about a characterization that goes to a legal issue so people. I can imagine instances in which they testify about of course they could testify about observations involving other statements of others not offered for the truth but I wouldn't anticipate the government would attempt to do any of that via any characterization oc those individuals that go to legal conclusions relevant MS. MOE: Ee] Lo Do I have that Yes, the jury's role. right, Ms. Moe? your Honor. MS. MENNING BR: t is interesting, because in their that second person isn't going to testify, and the question of offer of proof they actually say that one witness is going to talk about another person being a victim of sexual abuse and whether that person was a victim of sexual abuse would turn on the age at which they were conducting certain activities. And SOUTH ERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR- 00007098