EFTA00028270.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings 245 the aspects of the motion we filed, and I think it's a lot for the Court to have to deal with, quite frankly, and I know the Court is going to try and do the best it can with the situation, but I don't think it's tenable and -- I don't ask for mistrials easily, I have probably asked for four in my entire career, I don't see a way out of this problem. (Pause.) THE COURT: All right, I'm going to deny the defendant's motion for a mistrial. Any issues caused by a witness referring to certain individuals by their first name only and by asking the Government if they may use last names of certain other individuals can be cured by a jury instruction, which I will give. Going forward, the Government shall provide the defendant and each witness, including the current witness, with a list of the individuals whose identity should be protected from the public and the press, that way each witness can refer to the list rather than asking the Government whether a particular individual's identity is protected. You don't have a proposed jury instruction. MS. : Not yet, Your Honor. THE COURT: I have one. To the jurors: You may have noticed during yesterday's testimony that the witness used first names of certain individuals. That is because the names of certain Denise Parisi . RPM CRR Official Court Reporter EFTA00028270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings 246 alleged victims are being withheld from the public and the press to protect the privacy of those individuals. I have therefore instructed the parties to refer to those individuals by their first names only; however, those full names are known to the Government, the defendant, and to the Court. You may also have noticed that the witness was asking the Government whether she should say the last names of certain individuals. Going forward, the witnesses will receive a list of the individuals whose last names are to be protected to which they may refer while testifying. Anything else you want me to put in there? MS. : Not from the Government Your Honor. THE COURT: You object? MR. AGNIFILO: I do, Judge. THE COURT: Your objection is noted. Also, I'm going to direct that the parties shall not make any speaking objections. If the basis for an objection is not apparent, the parties may request a sidebar. MR. AGNIFILO: Very good. Thank you, Judge. THE COURT: Okay, what else? MS. : Nothing else from the Government, but we would just ask for five minutes to make sure that the list is correct for the current witness. THE COURT: All right, we'll take a five-minute break. Denise Parisi . MPH CRR Official Court Reporter EFTA00028271