3.Termination of Lauren Salzman's Cross-Examination and Defense Objection
37 linesTHE COURT: Okay, that's it. We are done.
MR. AGNIFILO: Okay, Judge. Thank you.
THE COURT: You are done.
MR. AGNIFILO: I know. I am done.
THE COURT: No, I said you're done.
MR. AGNIFILO: I know. I am.
THE COURT: So you can sit down.
Redirect?
MS. HAJJAR: No, Your Honor.
THE COURT: Nothing?
MS. HAJJAR: No.
THE COURT: All right, the witness is excused. You may stand down.
(Witness steps down.)
THE COURT: All right, we are close to five o'clock, members of the jury. We are going to recess for tonight. I'd like to remind you that it is very important that you follow my instruction and that you not discuss the case with anyone; not your family, your friends or business associates and not other jurors. In addition, you must not read, listen to, watch or access any accounts of this case on any form of media, such as newspapers, TV, radio, podcasts or the internet, nor research or seek outside information about any aspect of the case. Please do not communicate with anyone about the case on your phone, either through e-mail, text messaging or any other means, through any blog or website or by way of any other social media, including Facebook, Twitter, Instagram, or YouTube or other similar cites. You must not consider anything you may have read or heard about the case outside of this courtroom, whether you read it before or during jury selection or during the trial. And do not attempt any independent research or investigation about the case and do not visit any of the locations identified on the questionnaire or discussed during the course of the jury selection process and during this trial.
Tomorrow, we will have a full day of testimony. Friday, we're off and then we have a long weekend and we will resume on Tuesday. The following week, the week of the third of June, we will have one day when we are going to recess due to a religious holiday, but that day, I'm not sure which date it is, but I am going to find out, right. I will let you know next week what day that's going to be so you can make your plans.
Thank you very much for your attention.
All rise for the jury.
(Jury exits the courtroom.)
THE COURT: Please be seated. Is there anything else from the Government for tonight?
MS. PENZA: No, Your Honor.
THE COURT: Anything else from the defense?
MR. AGNIFILO: Yes, Your Honor.
THE COURT: Go ahead.
MR. AGNIFILO: I don't know why Your Honor cut off my cross-examination.
THE COURT: If you want to know, you went way over the line as far as I'm concerned with regard to this witness. You could have asked your questions and moved on to the next question, but you kept coming back, and I am not going to have someone have a nervous breakdown on the witness stand in front of -- excuse me, this is not DOS. This is not the allegations. This is a broken person, as far as I can tell. And whether she's telling the truth, whether the jury believes her, I think it's absolutely necessary that there be a certain level of consideration for someone's condition. And that's really what this was. You had plenty of -- if you had other things to say, you could have gone on and said them. But what I had here was, I had a crisis here. And not in my courtroom.
So you have your record, and if there is a conviction, you can appeal my decision to the Second Circuit, okay?
MR. AGNIFILO: Your Honor, most respectfully -- and I am not going to belabor the point -- I think it is an important -- she talked about the change in perspective, she did, and I'm trying to explore that change. I --
THE COURT: You did, in many different ways.
Sir, I have a right and an obligation to control the extent to which something like this is put to a witness and you had that opportunity. You made your points. It's all there, it's on the record. And if I made a mistake, then you will have your opportunity if you should not be successful in gaining your client's acquittal, and I'm just going to leave it at that. But I'm telling you, I was watching this witness.
(Continued on following page.)
(Continuing)
MR. AGNIFILO: I'm more concerned, quite frankly, about, I thought I took great pains to be appropriate and even-keeled.
THE COURT: Well --
MR. AGNIFILO: I never raised my voice.
THE COURT: Look, I am not saying you are not a man -- you are not a lawyer who maintains his composure. I am not talking about that. I am worried about her composure in this case.
I have to sentence this defendant and what you did was, basically, ask her to make legal judgments about whether what she did in pleading guilty was farcical that she took somebody else's advice, some lawyer, so she could get out from under a trial. I thought that really went pretty far beyond the pale, frankly.
MR. AGNIFILO: Your Honor, I --
THE COURT: I took her guilty plea, sir. All right?
MR. AGNIFILO: I am not trying to argue with you. I am not trying to argue with you.
THE COURT: Then don't argue with me.
MR. AGNIFILO: No --
THE COURT: You can take your appeal if you should not be successful. I don't want to talk about it anymore. I thought it was extremely excruciating. When I tried to cut off the line of questioning, you just went right back to the line of questioning. You could have gone on to something else. You could have.
I may not get everything right up here, but I will tell you, as a human being, it was the right decision. Alright? And before I'm a judge, I'm a human being. And that goes for everybody in this room, and it includes you and the Government. And I am not going to allow someone to be placed in this circumstance and then let it continue. I am the one who is disappointed. I'm done.
9:30.
(Judge NICHOLAS G. GARAUFIS exited the courtroom.)
(Matter adjourned to Wednesday, May 23, 2019 at 9:30 a.m.)