318 results for "witness statement testified"
Page 2 of 13
DOJ-OGR-00007098.jpg
...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...
DOJ-OGR-00020793.jpg
...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...
DOJ-OGR-00020789.jpg
...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...
DOJ-OGR-00004239.jpg
...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
...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...
DOJ-OGR-00007088.jpg
...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
...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
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
...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
...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
...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
...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
...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
...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
...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
...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
...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
...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
...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
...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...
DOJ-OGR-00011409.jpg
...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
...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...
DOJ-OGR-00012753.jpg
...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
...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
...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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