EFTA00028270.pdf
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- pdf
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Original source
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Proceedings
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the aspects of the motion we filed, and I think it's a lot for
the Court to have to deal with, quite frankly, and I know the
Court is going to try and do the best it can with the
situation, but I don't think it's tenable and -- I don't ask
for mistrials easily, I have probably asked for four in my
entire career, I don't see a way out of this problem.
(Pause.)
THE COURT: All right, I'm going to deny the
defendant's motion for a mistrial. Any issues caused by a
witness referring to certain individuals by their first name
only and by asking the Government if they may use last names
of certain other individuals can be cured by a jury
instruction, which I will give. Going forward, the Government
shall provide the defendant and each witness, including the
current witness, with a list of the individuals whose identity
should be protected from the public and the press, that way
each witness can refer to the list rather than asking the
Government whether a particular individual's identity is
protected.
You don't have a proposed jury instruction.
MS.
: Not yet, Your Honor.
THE COURT: I have one.
To the jurors: You may have noticed during
yesterday's testimony that the witness used first names of
certain individuals. That is because the names of certain
Denise
Parisi . RPM
CRR
Official Court Reporter
EFTA00028270
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alleged victims are being withheld from the public and the
press to protect the privacy of those individuals. I have
therefore instructed the parties to refer to those individuals
by their first names only; however, those full names are known
to the Government, the defendant, and to the Court.
You may also have noticed that the witness was
asking the Government whether she should say the last names of
certain indivi…
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