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Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 73 of 84
evidence regarding the circumstances surrounding the seizure of the USB drive, Federal Rule of
Evidence 901(b)(4) permits authenticati
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 75 of 84
maintained a contact book containing what purports to be this list of names and associated contact
information.
Second, the defendant
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 70 of 84
there are several similar quality photos in the book. (See Ex. A, photos a). In any event,
these highly conclusory statements fall well
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 71 of 84
prior to the incident,” or alternatively, if “if a witness gets a good look at the defendant during the
course of a crime”); United Sta
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 63 of 84
Even if the Government has misread the Court’s order, the defense’s claims of prejudice
are exaggerated. Although the defense complains
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 61 of 84
as the defense might like the Government to create such an index, that is simply not how the
litigation of co-conspirator statements is
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 59 of 84
On September 3, 2021, the Court ordered the Government to “disclose to the Defendant
the identities of all unnamed co-conspirators all
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 58 of 84
notice, co-conspirator statements, and Government witness list,” as well as the “Defendant’s
proposal” that the Government disclose its
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 5/7 of 84
Government planned to offer at trial as admissions of a defendant” under Fed. R. Evid. 801).
Accordingly, the Government argued that
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 53 of 84
because evidence was “pertinent to whether he used the internet in an attempt to engage in sexual
conduct with” putative victim).
The
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 48 of 84
Maxwell’s state of mind.” (Op. & Order at 26-27, Dkt. No. 207 (“Courts in this district generally
delay ruling on any motion to strike
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 41 of 84
Government’s notice is remediated by this brief. This is ample notice of the possible Rule 404(b)
evidence in this case. Indeed, the R
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 40 of 84
Employee-1 to testify that in or about October 2005, Epstein and her supervisor directed her to
gather the computers and contact books
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 38 of 84
But the jury could easily draw different inferences from these exhibits. The
exhibits go directly to the defendant’s intent and motiv
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 36 of 84
Evid. 404(b)(3)(B) (2020). The 2020 Amendments also removed language permitting notice of
the “general nature” of the evidence.
These
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 34 of 84
exhibits, all of which were in the Government’s discovery productions. The Government also
provided the defense with Jencks Act materia
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 37 of 84
following the charged conduct. Both categories of evidence are admissible as direct evidence of
the charged conduct, or in the alterna
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 30 of 84
jumble together, although the victim can remember the perpetrator and maybe some of the
locations where the abuse occurred.
Taken toge
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 28 of 84
pimp to arrange sex acts for third parties. See, e.g., Kidd, 385 F. Supp. 3d at 263; Oct. 17, 2019
Tr. at 27:1-12, United States v. Du
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 20 of 84
(emphasis added)). Dr. Rocchio’s testimony will also include discussion of techniques used by
perpetrators. Dr. Rocchio’s testimony re
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 12 of 84
that bonds victims to their abusers and prevents victims from disclosing that they have been
abused. !
These opinions stem in part fr
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page4of84
PRELIMINARY STATEMENT
The Government respectfully submits this memorandum in opposition to the defendant’s
thirteen motions in limine, da
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 3 of 84
V. There is No Basis to Suppress Minor Victim-4’s Identification of the Defendant .......0.. ee eeeeeeeeeees 63
A. Background ..0......
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page1of 84
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
Bs S2 20 Cr. 330 (AJN)
GHISLAINE MAXWELL,
Defendan
Case 1:20-cr-00330-PAE Document 396 Filed 10/29/21 Page8sof8
Certificate of Service
I hereby certify that on October 18, 2021, I electronically filed the foregoing Ghislaine
Maxwell Motion to Preclu
Case 1:20-cr-00330-PAE Document 396 Filed 10/29/21 Page6of8
from proof specific to the offense charged.” Old Chief v. United States, at 180. Federal Rule of
Evidence 403 provides that “[a]lthough rel
Case 1:20-cr-00330-PAE Document 396 Filed 10/29/21 Page7of8
CONCLUSION
For the above reasons Ms. Maxwell requests that the Court enter an order prohibiting the
introduction of these proffered exhibit
Case 1:20-cr-00330-PAE Document 396 Filed 10/29/21 Page2of8
TABLE OF CONTENTS
T. The Exhibits 00.2... cece cececeeeceeeeesneeceeeceaeeenecsaeecaaecsaeesneesaeessaesaeeeeeesneesaeesaeeeeneesneesaeess
Case 1:20-cr-00330-PAE Document 396 Filed 10/29/21 Page1of8
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
‘i i iii i is ii i i i ii x
UNITED STATES OF AMERICA,
20 Cr. 330 (AJN)
Vv.
G
Case 1:20-cr-00330-PAE Document 395 _ Filed 10/29/21 Pagelof9
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
wee xX
UNITED STATES OF AMERICA,
y : 20 Cr. 330 (AJN)
GHISLAINE MAXWELL,
D
Case 1:20-cr-00330-PAE Document 394 _ Filed 10/29/21 Page1lof9
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
wee xX
UNITED STATES OF AMERICA,
y : 20 Cr. 330 (AJN)
GHISLAINE MAXWELL,
Case 1:20-cr-00330-PAE Document 393 _ Filed 10/29/21 Page10of10
Certificate of Service
I hereby certify that on October 18, 2021, I electronically filed the foregoing Ghislaine
Maxwell’s Motion to P
Case 1:20-cr-00330-PAE Document 393 Filed 10/29/21 Page4of10
Ghislaine Maxwell moves under Federal Rules of Evidence 701, 702, and 704, and
Federal Rule of Criminal Procedure 16, to preclude any expe
Case 1:20-cr-00330-PAE Document 393 Filed 10/29/21 Page1of10
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
y 20 Cr. 330 (AJN)
GHISLAINE MAXWELL,
Defendant.
Case 1:20-cr-00330-PAE Document 392 Filed 10/29/21 Page8sof8
Certificate of Service
Thereby certify that on October 18, 2021, I electronically filed the foregoing
Memorandum of Ghislaine Maxwell’s M
Case 1:20-cr-00330-PAE Document 392 Filed 10/29/21 Page5of8
On June 23, 2021, almost twenty years after the alleged events, and 14 years after yy
GE id not identify Ms. Maxwell as the perpetrator of
Case 1:20-cr-00330-PAE Document 392 Filed 10/29/21 Page1of8
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
20 Cr. 330 (AJN)
Vv.
GHISLAINE MAXWELL,
Defendant.
Case 1:20-cr-00330-PAE Document 391 Filed 10/29/21 Page8of1i1
1995). To be admitted, there must be substantial evidence from which it could be inferred that
the evidence is authentic. United States v
Case 1:20-cr-00330-PAE Document 391 Filed 10/29/21 Page9of11
Amendment does not permit the prosecution to prove its case via ex parte out-of-court affidavits,
and the admission of such evidence” is e
Case 1:20-cr-00330-PAE Document 391 Filed 10/29/21 Page4of11
INTRODUCTION
The S2 Indictment alleges that Ms. Maxwell committed the charged crimes between 1994
and 2004. Accusers -1, -2 and -3 purport
Case 1:20-cr-00330-PAE Document 391 Filed 10/29/21 Page1of1i1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
20 Cr. 330 (AJN)
Vv.
GHISLAINE MAXWELL,
Defendan
Case 1:20-cr-00330-PAE Document 390 Filed 10/29/21 Page9of11
from lawyers representing plaintiffs against Epstein. This one-off document is far from a
reliable business record. There is simply no evi
Case 1:20-cr-00330-PAE
Document 390
Certificate of Service
Filed 10/29/21
Page 11 of 11
I hereby certify that on October 18, 2021, I electronically filed the foregoing Ghislaine
Maxwell’s Motion
Case 1:20-cr-00330-PAE Document 390 _ Filed 10/29/21 Page7of11
I. The Document Cannot be Authenticated
In order to satisfy the requirement of authentication, a party must provide “evidence
sufficien
Case 1:20-cr-00330-PAE Document 390 _ Filed 10/29/21 Page8of11
To be clear, the 97-page exhibit
is not a document that was given to Detective Recarey.
II. The Document is Not a Business Record
In ad
Case 1:20-cr-00330-PAE Document 390 _ Filed 10/29/21 Page3of11
TABLES OF AUTHORITIES
Cases
Ghgire v. Maxwell, 223 F. Supps 3d 428 (SAVIN. Y. 2018) cs ccsvenscaraneous srencemmeemsens eaesmammanes aa
Case 1:20-cr-00330-PAE Document 390 Filed 10/29/21 Page1ofi1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
20 Cr. 330 (AJN)
Vv.
GHISLAINE MAXWELL,
Defendant
Case 1:20-cr-00330-PAE
Document 389 ‘Filed 10/29/21 Page11of11
CERTIFICATE OF SERVICE
I hereby certify that on October 18, 2021, I served by email, pursuant Rule 2(B) of the
Court’s individual prac
Case 1:20-cr-00330-PA
E Document 388 — Filed 10/29/21
CERTIFICATE OF SERVICE
Page 14 of 14
Thereby certify that on October 18, 2021, I served by email, pursuant to Rule 2(B) of the
Court’s individ
Case 1:20-cr-00330-PAE Document 388 Filed 10/29/21 Page8of14
Maxwell did not leave the country, or make plans to leave the country, at any point in the year
that elapsed between Epstein’s arrest and