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.¶
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(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
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Proceedings 246¶
| 1 | alleged victims are being withheld from the public and the |
|---|---|
| 2 | press to protect the privacy of those individuals. 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. 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 | : Not from the Government Your Honor. MS. |
| 13 | THE COURT: You object? |
| 14 | I do, Judge. MR. AGNIFILO: |
| 15 | Your objection is noted. THE COURT: |
| 16 | Also, I’m going to direct that the parties shall not |
| 17 | If the basis for an objection make any speaking objections. |
| 18 | is not apparent, the parties may request a sidebar. |
| 19 | Thank you, Judge. MR. AGNIFILO: Very good. |
| 20 | THE COURT: Okay, what else? |
| 21 | : Nothing else from the Government, but we MS. |
| 22 | would just ask for five minutes to make sure that the list is |
| 23 | correct for the current witness. |
| 24 | THE COURT: All right, we’ll take a five-minute |
| 25 | break. |
Denise Parisi . MPH CRR Official Court Reporter¶