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be N Ww ws Oo OY ~] oO Ke) a fan) = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 536 Filed 12/10/21 Page 38 of 43 38 LBNAMAXTps Honor. -- New Mexico law, that we would have a substantive violation in addition for this witness. We don't. And in fact I believe the government, bassed on the case law they're citing, the issue they're raising is that there has to be force involved or coercion involved for this to be something illegal. And that's not how they charge it. Tha in this case. We've litigated that iss So I think it is a correct statement of illegal sexual activity under New Mexic the instruction should reflect to the j THE COURT: [ think captured in "as charged by the governme t's never been xten an issue ue quit law to say th o law, and tha ury. nt and for purposes of Sively. is is not t's what the important point has to be So establishing the elements that hear your point. I'm going to provide clarity to the jury so the jury has to consider." think about the best way to that they know what they can and what they can't do with this evidence. from you for MR. EVERDELL: Thank you, your Honor. THE COURT: I'll do my best. And I'll hear after re-propose. Anything else on that? MR. ROHRBACH: No. Thank you, your Honor. THE COURT: Anything else, Mr. Everdell? MR. EVERDELL: No, your Honor. Thank you. THE COURT: All right. So next is just to go over, make sure we're all on the same pag that's all I have SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR- 00008348