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The depositions of witnesses shu xiang liang ,li zhen zhang, ping-kai kwok, and hong bin yu were similarly edited .Finally ,the defense stipulated to redactions in the witness zhang dong yu‘ testimony. Baesd on this record, defendants’ general objection to the nature of the deposition testimony must fail.

证人梁书香、张丽珍、郭平凯和余洪斌的供词也经过相同的编辑。最后,辩方要求编辑余章东的证词。被告人根据这个录像证词对所供述的证词性质提出反对,肯定会失败的。

Although the jury had plenty of deposition testimony to see and hear the witnesses' responses to the examination, particularly in the cases of the lengthy depositions of witnesses zhen dong yu and hong bin yu, defendants assert that there were technical problems that prevented the jury from observing the demeanor of the witnesses. In the case of witness zhen dong yu, however, those technical problems generally consisted of short omitted lines of testimony that were corrected through the reading of that testimony .those issues did not produce a defense request for mistrial.

尽管陪审团可以从许多的证词看到和听到证人在法庭审查过程中的反应,尤其是余振东和余洪斌两位证人的漫长作证,但被告人还是主张由于技术问题,导致陪审团没有看到证人的态度。

然而,有关证人余振东的情况,这些所谓的技术问题只涉及证词中被省略的一些短句子,而且在阅读证词的时候已改正过来;这些问题不足以让辩方要求审判无效。

To obtain relief based on these technical issues on appeal, defendants would have to demonstrate, as described above in Section A.1, plain error under Federal Rule of Criminal Procedure 52(b). The existence of these issues, in light of the efforts made to correct them, cannot be deemed plain error .Even if these issues constituted obvious error, defendants cannot show that ,in the context of the lengthy depositions, their substantial rights were affected or that correction through reversal is required to maintain the fairness of judicial proceedings.

被告人欲在上诉中凭借这些技术理由获得赔偿,他必须犹如上面第A1节所阐述的,证明有关判决犯了联邦刑事诉讼程序规则第52(b)条所述的明显错误。这些存在的问题,鉴于已付出努力改正过,因此不能认为是明显错误。甚至如果这些问题构成错误,就这漫长的证词而言,被告也无法显示他们的实际权利已受到影响,或者为了维持司法程序的公正而有必要撤销判决。

As for defendants' claim that they have been deprived of the opportunity for appellate review of the government's failure to introduce the videotaped depositions into evidence, the appropriate procedure would have been to seek expansion of the record in the district court , the government noted that it would be able to provide disks of the full depositions, given technical issues with reproducing the actual redacted portions that were played for the jury. There were no objections from the defense at that time .The government now seeks to provide those disks through its concurrently filed motion to expand the record with disks containing the video depositions, from which relevant portions were played for the jury at trial.

针对政府没有将录像证词作为呈堂证据,被告人声称他们被剥夺了上诉复审的机会,关于这一点,正确的程序应该是在地方法院时就要求扩展录制的视频证词,政府也指出有能力提供完整供词的录制光碟,但由于技术问题,只向陪审团播放实际编辑过的部分;不过被告当时没有提出反对。如今政府通过同时提出备案申请,扩展这些供证记录,试图提供含有视频证词的光碟,视频其中的相关部分已在审讯中向陪审团播放过。

The recordings are the complete depositions and include the portions redacted as a result of the district court 's rulings on the parties' objections(which are reflected in the filed deposition transcript ) and the portions that were deleted as described above, so that the defense is able to evaluate what the jury did not see and hear and, if necessary ,seek leave to file supplemental briefing as to the depositions . The augmented record demonstrates that in fact the jury had ample opportunity to hear the lengthy examination of the deposed witnesses and evaluated their credibility. The admission of those videotaped depositions comported with defendants' right to fair trial.

这些记录是全部的证词,包括因双方的反对而由地方法院裁定的编辑部分(体现于备案的证词记录),以及上面所述的删除部分,所以辩方能够从中评估哪些是陪审团没有看到和听到的;如有必要,可以寻求批准补充证词。这个增添的记录证明陪审团其实有足够的机会在漫长的法庭审查过程中听取证人的作证和评估他们的可信度。采纳那些视频证词符合被告人应获得公平审判的权利。

注:原文的错误也帮你改了。文章太长了,要加分哟!!

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