DOJ-OGR-00013281.pdf

--- Page 1 --- **Document Header** * Case 1:20-cr-00330-PAE * Document 755 * Filed 08/10/22 * Page 3 of 262 **Page Number and Date** * 1708 * LC8Cmax1 **Conversation Transcript** * MS. MENNINGER: We may, your Honor. As I mentioned, we have the other brother under subpoena and some of this depends on what comes out between now and our case in chief. * I'm not 100 percent sure I can give you ballparks of likelihoods, but I think we would need to see -- I would like full disclosure before we make a decision about that. * MR. ROHRBACH: I don't see any basis for that, your Honor. The government is not calling Brian as a witness at this time, so there is no basis for us to inquire more about Brian's statements. The other brother is not a government witness and is also not -- there is no suggestion that that brother has been in conversation with Jane about anything of substance in any event. That's a defense witness. Jane has already testified. So there is no basis for us to inquire further about that. * If she's subject to recall, she's subject to recall for confrontation about the prior consistent statements that have been introduced and not just general additional questions by the defense. * MS. MENNINGER: We don't know if she's spoken to the other brother, your Honor. We are not in contact with him. We have him under subpoena based on his interviews with the government and the things he told the government during his FBI **Footer** * SOUTHERN DISTRICT REPORTERS, P.C. * (212) 805-0300 * DOJ-OGR-00013281