DOJ-OGR-00011976.pdf

--- Page 1 --- **Document Header** * Case 1:20-cr-00330-PAE * Document 743 * Filed 08/10/22 * Page 204 of 247 **Case Information** * Case Number: 1:20-cr-00330-PAE * Document Number: 743 * Filing Date: 08/10/22 * Page Number: 204 of 247 **Transcript** * LBU Cmax5 * Jane - direct * 1. offered for the truth, it's being offered for the effect on the listener. I would give the jury a limiting instruction that the witness's testimony regarding what her mother said is not being offered for the truth of those statements, but for the impact or effect that it had on the witness. We'll keep it limited, Ms. Moe, as to eliciting statements for an out-of-court witness, but with that caveat. * 2. And then tell me, Ms. Menninger, what your concern down the road was so have it in my head. * 3. MS. MENNINGER: Your Honor, if you're admitting it with that limiting instruction, I think we'll take up the issues with other statements by the mom when they come up. * 4. THE COURT: Okay. * 5. MS. MOE: Thank you, your Honor. Just to preview in order to streamline things because we're on the subject, I expect the next few questions to be about the issue of disclosure. In particular, I expect to ask the witness whether there was ever a time when she talked to a guidance counselor when she was a kid and whether she came to learn that her mother had found out that she talked to the guidance counselor, and I want to talk to her about how her mother reacted to that and told her that she should never talk about what goes on in their house. * 6. We're offering that, again, not for the truth of anything, it's certainly not our position that she shouldn't * 7. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 **Footer** * DOJ-OGR-00011976