DOJ-OGR-00011109.jpg

Case 1:20-cr-00330-PAE Document690_ Filed 11/19/21 Page1of23 UNITED STATES DISTRICT COURT ra Sern SOUTHERN DISTRICT OF NEW YORK DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 11/19/21 __ |] United States of America, _y_ 20-CR-330 (AJN) Ghislaine Maxwell, MEMORANDUM Defendant. OPINION & ORDER ALISON J. NATHAN, District Judge: Before the Court is the Defendant’s fourth motion in limine to “exclude evidence related to Accuser-3,” to whom the Court refers as Witness-3, on the grounds that the testimony is not direct evidence of the charged conspiracies and is inadmissible under Federal Rules of Evidence 404(b) and 403. Dkt. Nos. 387, 444. The Court has twice heard argument related to this motion, including argument at the November 10, 2021 in camera hearing that was sealed pursuant to Federal Rule of Evidence 412. See generally Nov. 1, 2021 Transcript; Nov. 10, 2021 Transcript. At the November 1, 2021 hearing, the Court provided a brief explanation of its current position based on the information then before it, but the Court ultimately reserved ruling pending additional briefing. The Court is now in receipt of the parties’ additional briefing and accordingly is prepared to resolve the motion. ! The Government now proffers that the anticipated testimony of Witness-3 will describe how she met the Defendant and her relationship with the Defendant and Mr. Epstein. In particular, Witness-3 is anticipated to testify how Defendant introduced her to Mr. Epstein, how ! This Memorandum Opinion & Order is filed temporarily under seal to permit the parties the opportunity to propose sealing or limited redactions pursuant to Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), and Federal Rule of Evidence 412(c)(2). DOJ-OGR-00011109