318 results for "witness statement testified"

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OCR Confidence: 91%  •  607.3 KB
...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...
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OCR Confidence: 94%  •  484.0 KB
...Brady, Giglio, and Jenks Act materials, including co-conspirator statements; non-testifying witness statements; testifying witness statements; the identity of victims alleged in the indictment; 404(b) material; and the Government’s witness list. The Court also requires the parties to negotiate a schedule for any additional or supplemental motions...
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OCR Confidence: 95%  •  635.9 KB
...The statute therefore prohibits a district court in most cases from ordering the pretrial disclosure of witness statements unless those statements are exculpatory. “A coconspirator who testifies on behalf of the government is a witness under the Act.” Jn re United States, 834 F.2d 283, 286 (2d Cir. 1987...
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OCR Confidence: 95%  •  745.3 KB
...to provide Jencks Act and Giglio information for its testifying witnesses “as much as four weeks” before trial is insufficient. (Opp. 184). Certain of the Accusers and (we suspect) many of the government’s anticipated witnesses have made numerous statements about the events in question, either in the context of...
DOJ-OGR-00003145.jpg
OCR Confidence: 94%  •  736.9 KB
...Specifically, the Government has offered repeatedly to provide non-testifying witness statements to the defense as much as eight weeks before trial, thereby allowing extra time for the defense to determine whether it wishes to call any of the witnesses the Government does not intend to present at trial, and...
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OCR Confidence: 94%  •  593.9 KB
...a statement along those lines 8 in opening statements or otherwise. 9 THE COURT: Who is taking this one? 10 MR. PAGLIUCA: Your Honor, good morning. Jeffrey 11 Pagliuca for Ms. Maxwell. 12 Your Honor, this is a trial time decision. It depends 13 on what witness is testifying and...
DOJ-OGR-00011296.jpg
OCR Confidence: 92%  •  551.0 KB
...witness testified statement that she did not may be recall making the | impeached statement, she via extrinsic acknowledged that | evidence. the statement is FRE 613(b) contained in the 302. There is no basis for further impeachment. 2160:12 — 3514-001, p. | The chef prepared dinner | Objection. Not Indicates 2161...
DOJ-OGR-00008119.jpg
OCR Confidence: 93%  •  684.2 KB
Case 1:20-cr-00330-PAE Document509-1 Filed 11/24/21 Page 8of10 rule applies if a witness testifies, and the prior statement “is inconsistent with the declarant’s testimony and was given under penalty of perjury . . . ata deposition.” Fed. R. Evid. 801(d)(1)(A). Thus once Minor...
DOJ-OGR-00003144.jpg
OCR Confidence: 94%  •  738.2 KB
...The Jencks Act, 18 U.S.C. § 3500, covers disclosure of statements or reports made by Government witnesses, and the rule mandates that such materials not be the subject of discovery or inspection “until said witness has testified on direct examination in the trial of the case.” 18 U.S...
DOJ-OGR-00011292.jpg
OCR Confidence: 91%  •  741.3 KB
...Not FRE 613(b) 5, last there were times when | inconsistent with | Denial or paragraph it was only Epstein, the witness’s statement that Maxwell and her in the room, Jane was not testimony. The witness testified the notes are inaccurate may 4 DOJ-OGR-00011292
DOJ-OGR-00002917.jpg
OCR Confidence: 95%  •  738.5 KB
...The Government plans to begin producing non-testifying witness statements on April 12, 2021. With these productions, the defense will have access to statements of witnesses whom the Government does not intend to call at trial, thereby providing the defense multiple months during which it can decide whether it wishes...
DOJ-OGR-00005490.jpg
OCR Confidence: 94%  •  743.2 KB
...As to introduction of these prior consistent statements through other witnesses, the Second Circuit is clear that "where the declarant has already testified and the prior consistent statement is proffered through the testimony of another witness, the Rule's ‘subject to cross- examination’ requirement is satisfied if the opposing party...
DOJ-OGR-00006452.jpg
OCR Confidence: 94%  •  742.5 KB
...As to introduction of these prior consistent statements through other witnesses, the Second Circuit is clear that "where the declarant has already testified and the prior consistent statement is proffered through the testimony of another witness, the Rule's ‘subject to cross- examination’ requirement is satisfied if the opposing party...
DOJ-OGR-00011290.jpg
OCR Confidence: 94%  •  642.5 KB
...Jane was still 14 | statement counsel could at this time. Jane does have requested not have a specific the cite (as they memory of the first did with others). time. 471:18 —22 3509-008, Objection. Witness testified omission Question is too on direct to an vague and entire scenario...
DOJ-OGR-00007097.jpg
OCR Confidence: 91%  •  600.2 KB
...o statements would not be admit CESt Lu. are not testifying and t attack the uals because their fying individ ted For their truth but, for example, their ct on the Again, I think witho difficult to make a defini tive ruling but I ut more speciit testifying witness and...
DOJ-OGR-00005576.jpg
OCR Confidence: 95%  •  655.6 KB
...The Court Should Resolve Litigation Related to Prior Consistent Statements at the Appropriate Time The Government has moved in /imine to admit prior consistent statements of its witnesses pursuant to Rule 801(d)(1)(B) of the Federal Rules of Evidence. (See Gov’t Mot. Section II). The Government briefed...
DOJ-OGR-00006538.jpg
OCR Confidence: 95%  •  654.9 KB
...The Court Should Resolve Litigation Related to Prior Consistent Statements at the Appropriate Time The Government has moved in /imine to admit prior consistent statements of its witnesses pursuant to Rule 801(d)(1)(B) of the Federal Rules of Evidence. (See Gov’t Mot. Section II). The Government briefed...
DOJ-OGR-00005432.jpg
OCR Confidence: 94%  •  698.1 KB
...Similarly, Minor Victim-4 is expected to testify that she personally observed the sexual abuse of Minor Victim-5—observations that require no hearsay statements from Minor Victim-5. Accordingly, since Minor Victim-5 and Minor Victim-6 are neither witnesses nor hearsay declarants, their credibility is not at issue...
DOJ-OGR-00006399.jpg
OCR Confidence: 94%  •  697.8 KB
...Similarly, Minor Victim-4 is expected to testify that she personally observed the sexual abuse of Minor Victim-5—observations that require no hearsay statements from Minor Victim-5. Accordingly, since Minor Victim-5 and Minor Victim-6 are neither witnesses nor hearsay declarants, their credibility is not at issue...
DOJ-OGR-00011279.jpg
OCR Confidence: 94%  •  545.4 KB
...Although the witness testified that she did not recall making the statement, she acknowledged that the statement is contained in the 302. There is no basis for further impeachment. 2160:12 — 2161:25 3514-001, p. 3, 2d full paragraph The chef prepared dinner and all three ate together. Objection...
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OCR Confidence: 95%  •  683.3 KB
...Maxwell claims the statement in Ms. Moe’s email is relevant for only two reasons: (1) “Jane’s motive to cooperate and testify,” and (2) “her memory and capacity as a witness since she cannot recall a highly consequential conversation she just had months ago.” (Maxwell Motion at 1-2...
DOJ-OGR-00008044.jpg
OCR Confidence: 94%  •  614.7 KB
...as evidence at trial.” Such summary must “describe the witness’s opinions, the bases and reasons for those opinions, and the witness’s qualifications.” Fed. R. ' As described below, however, insofar as two of these witnesses will testify as fact witnesses related to computer forensics and financial records, the Government...
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OCR Confidence: 94%  •  636.5 KB
...19 Over the weekend, the government asked for me to 20 include in the limiting instruction a statement that 21 instructed the parties not to ask about details of the sexual 22 conduct that the witness will testify occurred with 23 Mr. Epstein. In part, the government justifies this request...
DOJ-OGR-00018339.jpg
OCR Confidence: 94%  •  636.8 KB
...19 Over the weekend, the government asked for me to 20 include in the limiting instruction a statement that 21 instructed the parties not to ask about details of the sexual 22 conduct that the witness will testify occurred with 23 Mr. Epstein. In part, the government justifies this request...
DOJ-OGR-00007066.jpg
OCR Confidence: 90%  •  607.0 KB
...it becomes relevant, the government may offer prior statements before the witness testifies if the defense attacks the credibility in opening statements and it's clear that the witness will be subject to cross-examination. United States v. Flores, 945 F.3d 687, (2d Cir. 2019). That's restating the...

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