EFTA00022623.pdf

Type: pdf
Source set: data-set-8
Extracted text

From: 
Subject: 2021.02.15 - NOTES Call with Jason Foy & Eric Sarraga re 
Date: Tue, 16 Feb 2021 15:40:43 +0000 
2021.02.15 - NOTES Call with Jason Foy & Eric Sarraga re 
JL, NR, JF, ES 
• NR: checking in re June trial date 
• JF: would expect that court is going to adjourn this 
• JL: understanding is that some trials will start up beginning in February, but limited number 
• JF: suspect that this case will not take priority and will be adjourned; if the Court doesn't want to adjourn, will 
move forward in June 
• JF: may find out more information at the March conference 
• NR: had previously mentioned wanting to put in a DP application; has not been a standard DP/misdemeanor 
application process; if you are interested in making application, should make it sooner rather than later 
• JF: got sense that likelihood of them changing their minds was remote—is that still the case? 
• NR: pre-charge, you had mentioned misdemeanor (1018); have been some changes in leadership, there's a 
currently a pandemic, could supply additional information about what your client has been doing, collateral 
consequences of felony conviction, life plans, even in last year 
• JL: no predictions about the outcome, but here are some things to consider including: 
life plans, how she 
spent the past year, her familial responsibilities, etc.; less need to address litigation risk, because we are aware of 
those issues, but can include; in terms of selective prosecution argument, can make it, but in a more informational 
tone, rather than an accusatory tone 
• JF: not her formal position; goal was to put her in a position to cooperate and discuss disfunction at NYC BOP; no 
criminal intent on her part; now that reviewed discovery, do not believe that she should take a misdemeanor; 
believe that she was "not up to no good"; would recommend to her DP or trial; expect her to follow my lead, but 
she may compromise and accept misdemeanor; have found instances of similar conduct that haven't been 
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