### Proceedings 245

1 2 3 4 5 6 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.

7

21

22

(Pause.)

8 9 10 11 12 13 14 15 16 17 18 19 20 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.

23 24 25 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

### Proceedings 246

| 1  | alleged victims are being withheld from the public and the     |
|----|----------------------------------------------------------------|
| 2  | press to protect the privacy of those individuals.<br>I have   |
| 3  | therefore instructed the parties to refer to those individuals |
| 4  | by their first names only; however, those full names are known |
| 5  | to the Government, the defendant, and to the Court.            |
| 6  | You may also have noticed that the witness was                 |
| 7  | asking the Government whether she should say the last names of |
| 8  | certain individuals.<br>Going forward, the witnesses will      |
| 9  | receive a list of the individuals whose last names are to be   |
| 10 | protected to which they may refer while testifying.            |
| 11 | Anything else you want me to put in there?                     |
| 12 | :<br>Not from the Government Your Honor.<br>MS.                |
| 13 | THE COURT:<br>You object?                                      |
| 14 | I do, Judge.<br>MR. AGNIFILO:                                  |
| 15 | Your objection is noted.<br>THE COURT:                         |
| 16 | Also, I'm going to direct that the parties shall not           |
| 17 | If the basis for an objection<br>make any speaking objections. |
| 18 | is not apparent, the parties may request a sidebar.            |
| 19 | Thank you, Judge.<br>MR. AGNIFILO:<br>Very good.               |
| 20 | THE COURT:<br>Okay, what else?                                 |
| 21 | :<br>Nothing else from the Government, but we<br>MS.           |
| 22 | would just ask for five minutes to make sure that the list is  |
| 23 | correct for the current witness.                               |
| 24 | THE COURT:<br>All right, we'll take a five-minute              |
| 25 | break.                                                         |
|    |                                                                |

Denise Parisi . MPH CRR Official Court Reporter