DOJ-OGR-00018342.pdf

Case 1:20-cr-00330-PAE Document 751 Filed 08/10/22 Page 5 of 261 1145 LC6Cmax1 1 MR. ROHRBACH: That's fine, your Honor. Thank you. 2 THE COURT: Mr. Everdell. 3 MR. EVERDELL: That's fine. 4 THE COURT: Timing as to when to give the instruction? 5 MR. ROHRBACH: The government's proffer is to give the instruction before the witness testifies. 6 THE COURT: So straightaway, she's sworn and I give the instruction? 7 MR. ROHRBACH: Your Honor, the government's preference is it would occur before she takes the stand. It can be after the government calls for her testimony, but that way the witness herself is not present while the instruction is given. 8 THE COURT: Mr. Everdell. 9 MR. EVERDELL: Your Honor, defense prefers that the witness is on the stand when the instruction is given to the jury. We agree that it should be given before she testifies, but she should be on the stand so that the jurors can see who we're talking about and understands who it pertains to. 10 MR. ROHRBACH: The witness will enter the room as soon as the instruction is complete, your Honor. I think the jury will fully understand that it is in reference to that witness. 11 MR. EVERDELL: Your Honor, the government is trying to divorce this instruction as much as they can from this witness. It's very evident that that's the purpose of doing it while she's not on the stand. 12 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300