1.Collateral-Testimony Ruling and Curative Instruction on Kristin and Carly's Statements
28 lines(In open court; outside the presence of the jury.)
THE COURT: You may be seated in the back and appearances in the front.
MS. PENZA: Moira Penza, Tanya Hajjar and Mark Lesko for the United States. Good morning, Your Honor. Also at counsel table is Special Agent Michael Weniger from the FBI, and Teri Carby, our paralegal specialist in our office.
THE COURT: Good morning.
MR. AGNIFILO: Good morning, Your Honor. Marc Agnifilo, Teny Geragos, Paul DerOhannesian, Danielle Smith for Keith Raniere who is present with us this morning. Good morning, Your Honor.
THE COURT: Good morning.
You may be seated.
MS. PENZA: Thank you.
THE COURT: I've reviewed the transcript from yesterday and considered the defense and the Government's arguments. With respect to Ms. Salzman's testimony about what Kristen and Carly wrote regarding the circumstances under which they provided collateral and joined DOS, I find that the probative value of these out-of-court statements, which are not being offered for the truth of the matter asserted, is substantially outweighed by the danger of unfair prejudice. I, therefore, am striking the testimony on Page 1811 of the transcript Lines 1 through 9 and on 1814 of the transcript from the sentence beginning, "She was saying she felt," on Line 7 through the words, "And then on 911."
The instruction that I will give the jury is as follows: Yesterday in late afternoon, Ms. Salzman testified about what two people named Kristin and Carly wrote about the circumstances under which they provided collateral and joined DOS. I am striking the testimony of Ms. Salzman which repeats what Kristin and Carly said to her on that topic, and you are instructed to disregard that portion of the testimony.
MR. AGNIFILO: Thank you, Your Honor.
THE COURT: Are there any issues about privilege coming up in the balance of this testimony?
MS. HAJJAR: I don't believe so, Your Honor. The Government hasn't received anything from Mr. Sullivan. I don't know if he has written to the Court but --
THE COURT: He's written to the Court, but Mr. -- he apparently contracted Mr. Boone who wanted to consult with his attorney. So this is work in progress. I'll let you know.
MR. AGNIFILO: Very good.
THE COURT: Okay.
MR. AGNIFILO: And we think we resolved the video issue. We're going to agree to a stipulation -- I'm going to keep calling it a video. They're audiotapes where these audiotapes came from, I don't think Ms. Hajjar is going to get to this until the afternoon so we can draft a stipulation, we can read it to the jury and we can resolve it.
THE COURT: All right. Well, let me know.
MS. HAJJAR: We will, Your Honor. Thank you.
THE COURT: All right. Let's bring in the witness and let's bring in the jury.
(Pause in proceedings.)
(The witness resumes the witness stand.)
(Pause in proceedings.)
(Jury enters the courtroom.)
(Jury present.)
THE COURT: Please be seated everyone.
Good morning, Members of the Jury.
JURORS: Good morning.
THE COURT: Before we begin with the continuation of Ms. Salzman's direct, let me give you an instruction. Yesterday, in the late afternoon, Ms. Salzman testified about what two people named Kristin and Carly wrote about the circumstances under which they provided collateral and joined DOS. I'm striking the testimony of Ms. Salzman in which she repeats what Kristin and Carly said to her on that topic, and you are instructed to disregard that portion of the testimony.
So at this point, we'll continue with the direct examination of Ms. Salzman.
Ms. Hajjar, you may continue.
And I remind the witness that she is still under oath.
LAUREN SALZMAN: Yes, Your Honor.
L A U R E N S A L Z M A N, called as a witness, having been previously duly sworn, was examined and testified as follows: