DOJ-OGR-00019137.pdf

Case 1:20-cr-00330-PAE Document 757 Filed 08/10/22 Page 13 of 49 1986 LC9VMAXT 1 law enforcement agent, who had no involvement in the 2 investigation of the case and who isn't providing testimony 3 essentially pursuant to 1006. 4 MS. MOE: Your Honor, if the Court's preference is for 5 us to, without a person on the stand, just ask the jury to turn 6 from one exhibit to another to another, we can do that. I 7 think that is slightly more awkward than facilitating that 8 through a witness and pointing out the connections between two 9 things. 10 THE COURT: Right. But the witness is providing 11 testimony over which they have no personal knowledge. You're 12 simply asking them to do the work of the government in the 13 closing. 14 So, Mr. Pagliuca, do you have any objection to the 15 government publishing a few documents, going to a few points, 16 and then we move on, without a witness? 17 MR. PAGLIUCA: I don't understand that process, I 18 guess, your Honor. We're simply going to -- is this with a 19 witness or without a witness? 20 THE COURT: Without a witness. 21 MR. PAGLIUCA: We're simply going to say, The 22 government would like the jury to look at this and then look at 23 that? 24 THE COURT: Yes. 25 MR. PAGLIUCA: I do object to that process, your SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00019137