DOJ-OGR-00017875.pdf

--- Page 1 --- **Case 1:20-cr-00330-PAE** **Document 747** **Filed 08/10/22** **Page 2 of 228** **LC2Qmax1** **(In open court; jury not present)** **THE COURT: Good morning. Matters to take up, counsel?** **MR. ROHRBACH: Your Honor, from the government, we just wanted to make sure the Court and defense counsel saw our letter of last night about Government Exhibits 52 and 606.** **THE COURT: I did see it.** **MR. PAGLIUCA: Yes, your Honor. I received it roughly 1:00 a.m., give or take, something like that.** **THE COURT: So you were just waking up.** **MR. PAGLIUCA: I had never gone to sleep.** **THE COURT: I mean, I've had prior briefing. This is additional briefing. My view remains. We will see what comes in on the testimony, and then I'll make a ruling.** **I guess one question for defense is whether they do intend to -- and maybe you don't know yet, but to seek to voir dire before I rule on admission?** **MR. PAGLIUCA: Yes, I think so, your Honor. Well, I'm assuming that we're changing the witness that we're trying to introduce this through, which will happen later today, is my understanding of the briefing. So I don't think it changes the landscape of needing to do some voir dire on the exhibit prior to the Court's ruling.** **THE COURT: Okay.** **MR. PAGLIUCA: I guess just -- I think -- there's an** **SOUTHERN DISTRICT REPORTERS, P.C.** **(212) 805-0300** **DOJ-OGR-00017875**