1.Alternate-Juror Excusal and Pretrial Matters
22 linesUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------x UNITED STATES OF AMERICA, v. 22 CR 673 (LAK) SAMUEL BANKMAN-FRIED, Defendant. Trial
New York, N.Y. October 26, 2023 9:30 a.m. Before: HON. LEWIS A. KAPLAN, District Judge APPEARANCES DAMIAN WILLIAMS United States Attorney for the Southern District of New York BY: DANIELLE R. SASSOON NICOLAS ROOS DANIELLE KUDLA SAMUEL RAYMOND THANE REHN Assistant United States Attorneys COHEN & GRESSER, LLP Attorneys for Defendant BY: MARK S. COHEN CHRISTIAN R. EVERDELL SRI K. KUEHNLENZ DAVID F. LISNER Also Present: Luke Booth, FBI Kristin Allain, FBI Arjun Ahuja, USAO Paralegal Specialist Grant Bianco, USAO Paralegal Specialist
(Trial resumed; jury not present).
JUDGE KAPLAN: We have a note from alternate number 4 in which he requested to be excused for the day because he doesn't feel well and he's throwing up. I understand I have the consent of the defense to excuse him. I have not yet heard back from the government.
JUDGE KAPLAN: Thank you.
In your absence I decided to excuse him. And when that was conveyed to him he refused to leave because he says he's involved and he -- if the price of leaving today is that he's out of the case, he doesn't want to go. So I propose to excuse him regardless. We are waiting for the nurse to come see him. We have one particularly vulnerable juror from a health standpoint that I know of. And of course who knows what his problem is. And it may be infectious.
Is there any objection to my excusing him now, even if the nurse hasn't made it up here?
MR. EVERDELL: No, your Honor.
JUDGE KAPLAN: Andy, he's out.
COURT CLERK: Are we ready for the jury otherwise?
JUDGE KAPLAN: We are ready for the jury otherwise.
Tell him, please, that we are all very appreciative of his service, we wish he could stay, but in all the circumstances we just can't allow that, and give him a hearty thanks from everybody.
Thank you.
Mr. Roos, is there something that you wanted to raise?
MR. ROOS: Yes, your Honor. There are two items. One relates to the conclusion of the government's case. Actually three questions, I guess. I'll take them in order.
Number one, the parties have a disagreement over a single exhibit, Government Exhibit 505, that the government will admit during its conclusion of its case. As I understand it -- I don't want to speak for the defense, what the objection is. We thought maybe it makes sense to resolve this now before the jury comes in.
The second is, I want to know how your Honor wanted to handle any sort of motion by the defense after the close of the government's case.
Third is, we have an objection relating to some 26 --
COURT CLERK: Jury entering.
(Jury present)
JUDGE KAPLAN: I think that we should simply proceed and deal with whatever issues need to be dealt with as we go along.
Ms. Kudla.
MS. KUDLA: Your Honor, at this time the government calls agent Marc Troiano.
JUDGE KAPLAN: For the benefit of the jury, alternate number 4, Mr. Akahoho, is unwell and he has been excused. I'm simply not going to take a risk that he has something infectious that could affect anyone else. Of course he has our thanks. MARC TROIANO, called as a witness by the government, having been duly sworn, testified as follows:
JUDGE KAPLAN: You may proceed, Ms. Kudla.
MS. KUDLA: Thank you, your Honor.
Before beginning the direct with Agent Troiano, the government offers the following exhibits at this time: 38A, 200, 294, 312, 313, 315, 322, 322A, 331, 348, 349, 449, 494, 495, 544, 766, 933, 1320A, 1360A, and S2005.
MR. EVERDELL: No objection, your Honor.
JUDGE KAPLAN: They are all received.
(Government Exhibits 38A, 200, 294, 312, 313, 315, 322, 322A, 331, 348, 349, 449, 494, 495, 544, 766, 933, 1320A, 1360A, and S2005 received in evidence)