DOJ-OGR-00018275.pdf

Case 1:20-cr-00330-PAE Document 749 Filed 08/10/22 Page 174 of 236 LC3KMAX6 Parkinson - Direct 1 with my colleagues with that, but we would like an opportunity 2 to brief that issue, your Honor. 3 I understand the Court's concern. 4 THE COURT: To brief it? 5 MS. MOE: Yes, your Honor, to examine the case law 6 that your Honor is referring to, consider it, and develop our 7 argument potentially further. 8 MS. COMEY: Your Honor, the thinking here is that the 9 defense has had these exhibits for weeks, and we feel a bit 10 sandbagged here because they could have raised this objection 11 in their motions in limine and instead they did it after we had 12 finished our direct of the witness who could have looked at 13 these photographs. 14 MS. MOE: In our view, part of the corroborating 15 impact is that we didn't show these photographs to the victim 16 and -- 17 THE COURT: I understand that. And I suppose you 18 still can if you want to. You're welcome to brief it; I have 19 no issue with that. There is a factual disjointedness between 20 what you're seeking to enter and based on that testimony. 21 MR. EVERDELL: Your Honor, if I could be heard on the 22 issue of sandbagging: This was not sandbagging. If we had 23 raised this at the motion in limine stage, the response would 24 have quite rightly been, we're going to have to see what 25 happens at trial, because it's their responsibility to lay a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300