2.Realtime Transcript Funding, Rule 16 Ruling and Witness Directions

THE COURT: With regard to the availability of the realtime transcript for the defense for Mr. Raniere, especially with regard to sidebars, I understand that it will require that I order that the trust, the irrevocable trust, to the extent there's resources available, that it be required to pay for realtime during the trial, and I so order it.

So please advise the trustees that realtime is a necessity, okay?

THE COURT: All right, let me follow up on yesterday's discussion regarding Rule 16.

Materials that the defendant introduces as impeachment evidence that also support the defendant's theory of the case are not case-in-chief evidence and thus are not subject to the Rule 16 disclosure requirement.

I reviewed the defendants ex parte letter, Docket No. 627, regarding the evidence it may introduce in cross-examination of the Government's first witness. I find that the materials attached to the defendant's letter constitute impeachment evidence and are not subject to Rule 16's disclosure requirements.

I recognize, however, that the line between impeachment evidence and case-in-chief evidence is blurred with regard to these materials and in this case generally. Accordingly, the defendant shall produce these materials to the Government at the end of the witness's testimony on direct examination. This should satisfy the defendant's concern that the Government will use these materials to prep its witness before direct examination.

I think there were, like, 250 pages of materials; is that about right?

THE COURT: Okay.

All right. Now, also, the Court has reviewed the parties' sealed letters regarding the motion in limine that the Government filed yesterday morning. The Court will be in a better position to determine the relevance of the proposed evidence after the first witness's testimony on direct examination is complete. Accordingly, the Court reserves judgment on the Government's motion until then. The Court does not require any more briefing or argument on this issue.

Third, the Government shall notify the Court of any witness it intends to call at the same time it notifies the defendant -- that would be helpful -- that is, 48 hours before the start of the witness's testimony. The Government may do so by e-mailing the Court or by filing a sealed letter. When the Government notifies the Court of its witnesses, it shall also inform the Court whether the sketch artists should be permitted to draw the witnesses' likeness. The Court has already informed everyone that, with regard to the alleged victims who will testify, that their likeness shall not be the subject of their faces being sketched, but there may be other witnesses for whom this is not a necessity and the Court would like to be as specific as possible in directing that the likeness of witnesses be avoided.

Is that understood?

THE COURT: Thank you.

Also, Juror No. 9 has indicated a hardship. I have consulted with the parties about the hardship and there's a general agreement of the parties and the Court that Juror No. 9 should be excused due to a family hardship, and Juror No. 9 will be replaced by Alternate No. 1.

Okay, is there anything else before we bring in the jury?

THE COURT: All right. Let's bring in the jury.

Who is opening for the Government?