DOJ-OGR-00018353.pdf

--- Page 1 --- **Case 1:20-cr-00330-PAE Document 751 Filed 08/10/22 Page 16 of 261** **LC6Cmax1** **1** the defense could read that stipulation before the calling of **2** the next witness. **3** MR. ROHRBACH: No objection. **4** THE COURT: And just by background, I imagine you had **5** just one or two questions left and the government said rather than having him come back, would you stipulate to testimony, you agreed, and that's the stipulation? **6** MR. EVERDELL: Actually, we offered, Judge, because we didn't want him to have to travel back from Florida, but yes, that's how it worked. **7** THE COURT: I appreciate both sides doing that. As you see, when I tell the jury we'll end at 5:00, we end at 5:00, but sometimes that produces issues. Obviously let me know if we're one or two questions away, but I appreciate the parties working together to aid that. **8** So the suggestion is the jury comes out, I tell them that -- what would you like me to tell them, Mr. Everdell? **9** MR. EVERDELL: The government can weigh in, but I would simply tell them that the parties have reached a stipulation about some additional testimony that the last witness you heard from, Sergeant Michael Dawson, would have given on the stand. For matters of convenience, we didn't want to call him back. So the parties have agreed to read in a stipulation about his additional testimony. **10** THE COURT: And then the defense could read the stip? **11** SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 **DOJ-OGR-00018353**