From: Subject: 2021.02.15 - NOTES Call with Jason Foy & Eric Sarraga re Date: Tue, 16 Feb 2021 15:40:43 +0000 2021.02.15 - NOTES Call with Jason Foy & Eric Sarraga re JL, NR, JF, ES • NR: checking in re June trial date • JF: would expect that court is going to adjourn this • JL: understanding is that some trials will start up beginning in February, but limited number • JF: suspect that this case will not take priority and will be adjourned; if the Court doesn't want to adjourn, will move forward in June • JF: may find out more information at the March conference • NR: had previously mentioned wanting to put in a DP application; has not been a standard DP/misdemeanor application process; if you are interested in making application, should make it sooner rather than later • JF: got sense that likelihood of them changing their minds was remote—is that still the case? • NR: pre-charge, you had mentioned misdemeanor (1018); have been some changes in leadership, there's a currently a pandemic, could supply additional information about what your client has been doing, collateral consequences of felony conviction, life plans, even in last year • JL: no predictions about the outcome, but here are some things to consider including: life plans, how she spent the past year, her familial responsibilities, etc.; less need to address litigation risk, because we are aware of those issues, but can include; in terms of selective prosecution argument, can make it, but in a more informational tone, rather than an accusatory tone • JF: not her formal position; goal was to put her in a position to cooperate and discuss disfunction at NYC BOP; no criminal intent on her part; now that reviewed discovery, do not believe that she should take a misdemeanor; believe that she was "not up to no good"; would recommend to her DP or trial; expect her to follow my lead, but she may compromise and accept misdemeanor; have found instances of similar conduct that haven't been