DOJ-OGR-00017620.pdf

Case 1:20-cr-00330-PAE Document 745 Filed 08/10/22 Page 11 of 264 417 LC1VMAX1 The government also doesn't agree with the defense's broad statement that anything that goes to this witness's memory is a noncollateral matter. It's hard for us to know now exactly what they plan to do. The government thinks we should take that as it comes. But I think there's sort of broad agreement about the general principles here, your Honor. MR. EVERDELL: If there's broad agreement, your Honor, then there shouldn't be objections. If we have an issue with the witness's memory that we believe we have a document or some other information that contradicts what she's saying, then we are allowed to cross on it. THE COURT: Okay. We'll take it as it comes, but we agree on the principles. I think the only question is -- I sustained the objection to admission of the photograph, because it's not clear to me that it's impeaching. As I said, if it's not impeaching, then it might be a Rule 16 issue; I wasn't entirely sure what you were trying to do with it. You're welcome to -- if there's some basis to show a photograph, to impeach something she suggested in her testimony, then you can do that. MR. EVERDELL: Yes. THE COURT: Okay. MR. EVERDELL: Understood. MR. ROHRBACH: The government agrees, your Honor. The issue with that particular photograph, setting aside the fact SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017620