DOJ-OGR-00013282.pdf

--- Page 1 --- **Case 1:20-cr-00330-PAE** **Document 755** **Filed 08/10/22** **Page 4 of 262** **LC8Cmax1** **1709** 1 interview, not because we had some other contact with him. 2 THE COURT: So you have a choice to make whether to subpoena him or not. I'm just trying to understand what the decision point is. The government has indicated they're not calling Brian. 5 MS. MENNINGER: He has a lot of prior inconsistent statements with his sister, your Honor. That's the decision point. He said a lot of things that are inconsistent in her prior statements. We understand if we call him that your Honor is likely to allow them to then bring in the prior consistent statements that they would have elicited had they called him yesterday. So that's a decision point. 12 THE COURT: Okay. You have a decision point whether to call him? 14 MS. MENNINGER: Right. 16 THE COURT: Is there an application with respect to it? 17 it? 18 MS. MENNINGER: No, your Honor. We have him under subpoena. 19 subpoena. 20 THE COURT: Mr. Rohrbach. 21 MR. ROHRBACH: I suppose we just flag that Brian has left the district since he's no longer a government witness. 22 If the defense ends up deciding to call him, I suppose that's their choice to make. 24 their choice to make. 25 It sounds like the defense has not yet made a decision SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300