DOJ-OGR-00016503.jpg
612 KB
Extraction Summary
4
People
2
Organizations
1
Locations
2
Events
3
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
612 KB
Summary
This document is a court transcript from August 10, 2022, detailing a legal argument about a witness who has contracted COVID. An attorney, Ms. Sternheim, requests that the witness be allowed to testify remotely via WebEx, while the opposing government counsel, Mr. Rohrbach, insists on the need for cross-examination and demands proof of the positive COVID test. The Court intervenes to clarify whether this proof has already been provided in a letter.
People (4)
| Name | Role | Context |
|---|---|---|
| MS. STERNHEIM | Attorney |
Speaker in a court proceeding, arguing for a witness with COVID to testify remotely.
|
| MR. ROHRBACH | Attorney |
Speaker in a court proceeding, representing the government and arguing against a stipulation for a witness's testimon...
|
| Your Honor | Judge |
Addressed by Mr. Rohrbach, presiding over the court case.
|
| THE COURT | Judge |
Speaker in the proceeding, questioning Ms. Sternheim about a letter regarding the witness's COVID test.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| WebEx | company |
Mentioned as the platform for the witness's proposed remote testimony.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Identified as the court reporting service that transcribed the proceeding.
|
Timeline (2 events)
2022-08-10
A discussion in court regarding a request for a witness, who has contracted COVID and is quarantined, to provide testimony remotely via WebEx.
Court
prior to 2022-08-10
A witness contracted COVID, cannot travel, and is quarantined at home.
witness's home
witness
Locations (1)
| Location | Context |
|---|---|
|
Mentioned as a location where a government witness was previously located and too ill to travel from.
|
Relationships (3)
They are opposing counsel in a legal proceeding (Case 1:20-cr-00330-PAE), arguing different sides of a motion regarding witness testimony.
Ms. Sternheim is an attorney making a request to the judge (The Court) presiding over the case.
Mr. Rohrbach is an attorney arguing the government's position before the judge (The Court).
Key Quotes (4)
"The timing on this witness is that the witness has COVID. So the witness will not be here unless the Court permits his testimony to be versus via WebEx."Source
— MS. STERNHEIM
(Explaining the reason for requesting remote testimony for a witness.)
DOJ-OGR-00016503.jpg
Quote #1
"We think this witness needs to be subject to cross-examination."Source
— MR. ROHRBACH
(Stating the government's position that a stipulation is unacceptable and the witness must be cross-examined.)
DOJ-OGR-00016503.jpg
Quote #2
"As part of that, we think that the witness would have to produce the positive COVID test to demonstrate to the Court --"Source
— MR. ROHRBACH
(Requesting proof of the witness's illness as a condition for considering remote testimony.)
DOJ-OGR-00016503.jpg
Quote #3
"I thought the letter said that you've got that."Source
— THE COURT
(Questioning Ms. Sternheim about the evidence of the witness's positive COVID test, referencing a prior communication.)
DOJ-OGR-00016503.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,567 characters)
Case 1:20-cr-00330-PAE Document 761 Filed 08/10/22 Page 20 of 246 2315
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LCGVMAX1
1 MS. STERNHEIM: The timing on this witness is that the
2 witness has COVID. So the witness will not be here unless the
3 Court permits his testimony to be versus via WebEx. And I have
4 cited another case in this district where I, in fact, was sent
5 to London when a government witness was too ill to come to the
6 district. And certainly given what the courts have been
7 utilizing through COVID, there certainly is a legitimate basis
8 for that request.
9 He cannot travel. He is quarantined. Provided he is
10 not incapacitated -- and I understand he would be able to give
11 testimony from his home -- that would be the request, if the
12 government was not willing to work out a stipulation based upon
13 the declaration that had been disclosed orally and had been
14 provided in written form.
15 MR. ROHRBACH: Your Honor, assuming the Court lets in
16 the testimony at all, the government is not going to agree to a
17 stipulation. We think this witness needs to be subject to
18 cross-examination. It may be possible -- I know the Court has
19 done before a procedure by which a witness can testify by
20 WebEx, but the Court would have to make certain findings first.
21 As part of that, we think that the witness would have to
22 produce the positive COVID test to demonstrate to the Court --
23 THE COURT: I thought the letter said that you've got
24 that.
25 MS. STERNHEIM: I do, but I didn't think it was
2 witness has COVID. So the witness will not be here unless the
3 Court permits his testimony to be versus via WebEx. And I have
4 cited another case in this district where I, in fact, was sent
5 to London when a government witness was too ill to come to the
6 district. And certainly given what the courts have been
7 utilizing through COVID, there certainly is a legitimate basis
8 for that request.
9 He cannot travel. He is quarantined. Provided he is
10 not incapacitated -- and I understand he would be able to give
11 testimony from his home -- that would be the request, if the
12 government was not willing to work out a stipulation based upon
13 the declaration that had been disclosed orally and had been
14 provided in written form.
15 MR. ROHRBACH: Your Honor, assuming the Court lets in
16 the testimony at all, the government is not going to agree to a
17 stipulation. We think this witness needs to be subject to
18 cross-examination. It may be possible -- I know the Court has
19 done before a procedure by which a witness can testify by
20 WebEx, but the Court would have to make certain findings first.
21 As part of that, we think that the witness would have to
22 produce the positive COVID test to demonstrate to the Court --
23 THE COURT: I thought the letter said that you've got
24 that.
25 MS. STERNHEIM: I do, but I didn't think it was
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00016503
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