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613 KB
Extraction Summary
5
People
1
Organizations
1
Locations
3
Events
2
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
613 KB
Summary
This document is a court transcript from a case filed on August 10, 2022, detailing a legal argument over the admissibility of testimony. An attorney objects to an agent's testimony about finding a stain resembling semen on a massage table during a search on October 20, 2005, arguing it is prejudicial and irrelevant as it was found a year after the alleged conspiracy ended in 2004. Attorney Ms. Comey counters that the testimony will be brief and clinical, merely describing the agent's observation.
People (5)
| Name | Role | Context |
|---|---|---|
| MS. COMEY | Attorney |
A speaker in the transcript who argues that certain testimony would be 'very brief and very clinical'.
|
| Your Honor | Judge |
The presiding judge being addressed by the attorneys in the transcript.
|
| Unnamed Attorney | Attorney |
The first speaker in the transcript, who objects to testimony on behalf of their client on '401 and 403 grounds'.
|
| Unnamed Agent | Agent/Witness |
The subject of the disputed testimony, who reportedly saw what 'appeared to him to be semen on the table' during a vi...
|
| Unnamed Client | Client |
The individual represented by the objecting attorney, who argues the testimony would be 'prejudicial of the client'.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the page as the court reporting service.
|
Timeline (3 events)
2005-10-20
A search of a house was conducted, during which an agent saw what appeared to be semen on a green massage table.
Unnamed house
2022-08-10
A court hearing where attorneys argued the admissibility of testimony regarding a stain found on a massage table.
Courtroom
Locations (1)
| Location | Context |
|---|---|
|
Location of a search on October 20th, 2005, where a green massage table was found.
|
Relationships (2)
The attorney objects to testimony that they believe 'is going to be prejudicial of the client'.
MS. COMEY argues against the objection raised by the other attorney during a court proceeding.
Key Quotes (3)
"I don't think that that testimony is appropriate because, for example, on both 401 and 403 grounds, this table was found a full year after the last year of the conspiracy charged here, so that's 2004."Source
— Unnamed Attorney
(Stating the grounds for objecting to the testimony about the massage table.)
DOJ-OGR-00018117.jpg
Quote #1
"Given that, if we have an agent talking about semen in front of the jury, that's just going to be a salacious detail that is going to be prejudicial of the client."Source
— Unnamed Attorney
(Arguing that the testimony about semen would be prejudicial to their client.)
DOJ-OGR-00018117.jpg
Quote #2
"Your Honor, I expect this testimony would be very brief and very clinical. He would describe seeing a white stain that he saw and thought was consistent with the appearance of semen, and I think that is entirely --"Source
— MS. COMEY
(Responding to the objection by arguing the testimony would not be inflammatory.)
DOJ-OGR-00018117.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,585 characters)
Case 1:20-cr-00330-PAE Document 749 Filed 08/10/22 Page 16 of 236 920
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1 testify that he found or he saw at least a green massage table
2 when they did the video sweep and that he was able to look at
3 that table when he was there in the house, and then he saw what
4 appeared to him to be semen on the table.
5 I don't think that that testimony is appropriate
6 because, for example, on both 401 and 403 grounds, this table
7 was found a full year after the last year of the conspiracy
8 charged here, so that's 2004. The search was October 20th,
9 2005, a full year later.
10 Him seeing something that appeared to be semen, first,
11 they never tested it, it's in a room with lotions for massage.
12 How he knows this appears to be semen, I don't know, but
13 regardless of that fact, it's done a year after the fact. Any
14 number of ways that could have been on there, if it is, in
15 fact, semen, I don't see how it's probative of a conspiracy
16 that ends in 2004, unless they can show that the semen was on
17 the table during the time period of the conspiracy.
18 Given that, if we have an agent talking about semen in
19 front of the jury, that's just going to be a salacious detail
20 that is going to be prejudicial of the client. So we object on
21 401, 403.
22 MS. COMEY: Your Honor, I expect this testimony would
23 be very brief and very clinical. He would describe seeing a
24 white stain that he saw and thought was consistent with the
25 appearance of semen, and I think that is entirely --
2 when they did the video sweep and that he was able to look at
3 that table when he was there in the house, and then he saw what
4 appeared to him to be semen on the table.
5 I don't think that that testimony is appropriate
6 because, for example, on both 401 and 403 grounds, this table
7 was found a full year after the last year of the conspiracy
8 charged here, so that's 2004. The search was October 20th,
9 2005, a full year later.
10 Him seeing something that appeared to be semen, first,
11 they never tested it, it's in a room with lotions for massage.
12 How he knows this appears to be semen, I don't know, but
13 regardless of that fact, it's done a year after the fact. Any
14 number of ways that could have been on there, if it is, in
15 fact, semen, I don't see how it's probative of a conspiracy
16 that ends in 2004, unless they can show that the semen was on
17 the table during the time period of the conspiracy.
18 Given that, if we have an agent talking about semen in
19 front of the jury, that's just going to be a salacious detail
20 that is going to be prejudicial of the client. So we object on
21 401, 403.
22 MS. COMEY: Your Honor, I expect this testimony would
23 be very brief and very clinical. He would describe seeing a
24 white stain that he saw and thought was consistent with the
25 appearance of semen, and I think that is entirely --
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00018117
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