324 results for "witness statement testified"
Page 4 of 13
DOJ-OGR-00005431.jpg
...For individuals who are not witnesses and not hearsay declarants, however, none of those
rules apply. Instead, those non-witnesses’ “credibility is irrelevant.” United States v. McGowan,
58 F.3d 8, 15-16 (2d Cir. 1995). The Second Circuit has therefore “clearly established . . . the
principle that a statement not offered...
DOJ-OGR-00006398.jpg
...For individuals who are not witnesses and not hearsay declarants, however, none of those
rules apply. Instead, those non-witnesses’ “credibility is irrelevant.” United States v. McGowan,
58 F.3d 8, 15-16 (2d Cir. 1995). The Second Circuit has therefore “clearly established . . . the
principle that a statement not offered...
DOJ-OGR-00013015.jpg
...That they had spoken with witness
11 Brian, who was anticipated to testify today. Brian is the
12 brother of witness Jane.
13 THE COURT: Correct.
14 MS. MENNINGER: You may recall, your Honor, we had
15 litigation around prior consistent statements; and that Brian
16 is being offered in...
DOJ-OGR-00018600.jpg
...That they had spoken with witness
11 Brian, who was anticipated to testify today. Brian is the
12 brother of witness Jane.
13 THE COURT: Correct.
14 MS. MENNINGER: You may recall, your Honor, we had
15 litigation around prior consistent statements; and that Brian
16 is being offered in...
DOJ-OGR-00006142.jpg
...testimony of the witness may not be used against him or her in any criminal case, except a
prosecution for perjury, giving a false statement, or otherwise failing to comply with the
immunity order of this court.
Because of the interest an accomplice may have in testifying
should be scrutinized...
DOJ-OGR-00014125.jpg
...Defe
of a prior in
that, quote,
nse seeks to admit extrinsic evidence
consistent statement under 613(b), which requires
the witness is given an opportunity to explain or
deny the stat
to examine th
My c
ement and an adverse party is given an opportunity
e witness about it...
DOJ-OGR-00008240.jpg
...For instance, the Government frequently calls witnesses testifying pursuant to a
cooperation agreement. Once the cooperation agreement is signed, the Government could not—
and would not—ask the cooperator for a proffer of their conversations with their counsel about
their motives to testify. See 12/01/21 Tr. at 567...
DOJ-OGR-00012878.jpg
...8 Again, I think her testimony would be described as she
9 recalled it well enough to testify fully and accurately becaus
10 it doesn't conflict with what's in here. So it's not the same
11 analysis as prior inconsistent statement, but I think the
12 initial...
DOJ-OGR-00018464.jpg
...8 Again, I think her testimony would be described as she
9 recalled it well enough to testify fully and accurately becaus
10 it doesn't conflict with what's in here. So it's not the same
11 analysis as prior inconsistent statement, but I think the
12 initial...
DOJ-OGR-00008120.jpg
...Ifthe witness said things to P| that satisfy all the prerequisites for
admitting extrinsic evidence of prior inconsistent statements, then perhaps a could testify
about those statements. Unless, however, Dr. Hall was in the room during therapy
sessions, it remains hearsay as to him.
Second, the Court’s ruling that...
DOJ-OGR-00008410.jpg
...The det
motives or biases
witnesses' motives
Epstein's dea
cross-examina
background in
Filed 12/17/21
Page 16 of 24 28
attack on the
line of
for testifying,
videnc
tigation t
Provided t
hat the Fifth
hat the rules
for admitting prior inconsistent statements are satisfied, the
is...
DOJ-OGR-00004841.jpg
...The trial court specifically credited
Attorney Troiani’s statements that she never requested that Cosby be provided with
immunity and that she did not specifically agree to any such offer.
(c) Order to testify.--WWwhenever a witness refuses, on the basis of his
privilege against self-incrimination, to testify or...
DOJ-OGR-00005558.jpg
Case 1:20-cr-00330-PAE Document 383 Filed 10/29/21 Page4of40
PRELIMINARY STATEMENT
The Government respectfully submits this memorandum of law in further support of its
October 18, 2021 motions in limine.
ARGUMENT
I. The Court Should Permit Certain Witnesses to Testify Under Pseudonyms or
Using First Names...
DOJ-OGR-00006520.jpg
Case 1:20-cr-00330-PAE Document 440 Filed 11/12/21 Page4of40
PRELIMINARY STATEMENT
The Government respectfully submits this memorandum of law in further support of its
October 18, 2021 motions in limine.
ARGUMENT
I. The Court Should Permit Certain Witnesses to Testify Under Pseudonyms or
Using First Names...
DOJ-OGR-00010593.jpg
...STERNHEIA\
Victim Impact Statements at Issue
Without stating its position regarding standing under the CVRA, the government has
provided seven witness impact statements allegedly authored by the following: Annie Farmer
(Exhibit A), “Kate” (Exhibit B), Virginia Giuffre (Exhibit C),, Maria Farmer (Exhibit D), Sarah
Ransome (Exhibit E), Teresa Helm (Exhibit...
DOJ-OGR-00005964.jpg
...a) the
identity of the coconspirator who made the alleged statement; b) the identity of the
person or persons to whom the coconspirator statement was made; c) the identity
of the witness who will testify at trial about the coconspirator statement; d) the
content of the coconspirator statement; e) when...
DOJ-OGR-00006889.jpg
...a) the
identity of the coconspirator who made the alleged statement; b) the identity of the
person or persons to whom the coconspirator statement was made; c) the identity
of the witness who will testify at trial about the coconspirator statement; d) the
content of the coconspirator statement; e) when...
DOJ-OGR-00014157.jpg
...Who's the first witness?
MR. PAGLIUCA: Jason Richards, your Honor, Special
Agent Richards, which is a short witness.
MS. COMEY: That's another witness we offered to
stipulate to, your Honor. Prior inconsistent statements,
think there are two that he's going to be called to testify --
THE COURT...
DOJ-OGR-00016780.jpg
...Who's the first witness?
MR. PAGLIUCA: Jason Richards, your Honor, Special
Agent Richards, which is a short witness.
MS. COMEY: That's another witness we offered to
stipulate to, your Honor. Prior inconsistent statements,
think there are two that he's going to be called to testify --
THE COURT...
DOJ-OGR-00011269.jpg
...In determining whether a party may impeach a
testifying witness through extrinsic evidence of a prior inconsistent statement, the Court must
consider the following five factors:
First, whether the proffered statement in fact is inconsistent with the testimony sought to
be impeached, i.e., whether there is any variance between...
DOJ-OGR-00013823.jpg
...Your Honor, once the government
elicits co-conspirator statements under 801(d) (2) (E), under
806, I'm allowed to impeach the declarant as though they were
testifying. So I'm asking questions about Jeffrey Epstein
through this witness, who is the one from whom they elicited
the 801(d...
DOJ-OGR-00016448.jpg
...Your Honor, once the government
elicits co-conspirator statements under 801(d) (2) (E), under
806, I'm allowed to impeach the declarant as though they were
testifying. So I'm asking questions about Jeffrey Epstein
through this witness, who is the one from whom they elicited
the 801(d...
DOJ-OGR-00012016.jpg
...statement
I'm not
for an opportunity on the
We can pick this up in the morning, but
the government made a specific proffer o
based on direct testimony,
witness is testifying,
the prior tes
MS.
compare it.
timony.
anticipated testimony
which is to say -- I mean, when the
you...
DOJ-OGR-00017606.jpg
...statement
I'm not
for an opportunity on the
We can pick this up in the morning, but
the government made a specific proffer o
based on direct testimony,
witness is testifying,
the prior tes
MS.
compare it.
timony.
anticipated testimony
which is to say -- I mean, when the
you...
DOJ-OGR-00001780.jpg
...Should the Court grant the instant
application, the Government would produce the Materials, along with any witness statements
pertaining to the victims identified in the Materials, at the same time as all other statements by
non-testifying witnesses. The Government is prepared to make that production as early as eight...
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