DOJ-OGR-00012945.pdf

--- Page 1 --- **Document Header** * Case 1:20-cr-00330-PAE * Document 751 * Filed 08/10/22 * Page 194 of 261 **Case Text** 1. MS. MOE: Yes, your Honor. And I'd be happy to speak to why we've decided not to do that in this case, both for Jane and Kate, since this has come up now twice. I'd be happy to explain why we've approached this this way. Because we tried to be sensitive in the way we've approached our interviews with victims in this case. We've done this for two reasons. One, the defense has put in issue the quality of the victims' memories; and so it is important in terms of corroboration that we have not shown the victims -- 2. THE COURT: I get that. That is absolutely a strategic decision and an understandable one. It does not then excuse a lack of foundation as to relevancy. It just doesn't. I certainly understand why you'd make that choice, and I can imagine other reasons you'd make the choice. I don't think -- tell me if I'm wrong -- that in any way helps determine from the Court's perspective whether these 2019 pictures of highly movable objects, which may or may not match up with the specific testimony of the witness, are relevant to a conspiracy that ended 15 years earlier. MS. MOE: Yes, your Honor. And I think our argument on that is that this is an issue of weight and not relevance. Because the argument before the jury from this evidence is not that these are the schoolgirl outfits or one of the schoolgirl outfits that Kate was asked to wear. The point is that Kate told the jury that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00012945 **End of Document**