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Case 1:20-cr-00330-PAE Document 705 Filed 07/12/22 Page 6of12 The Honorable Alison J. Nathan May 12, 2021 Page 6 of 3500 Material: (1) a statement by the witness, (2) in the possession of the United States, (3) that relates to the subject matter of the witness's testimony.”). This case now involves a ten-year time period beginning 27 years ago. The indictment and the accusers are vague regarding when things happened, what things happened and who may have been present when anything is alleged to have happened. Accuser-2’s journal contains dated entries that place events in context with other alleged events. Accuser-2’s journal from 1996 purports to document encounters with Epstein in New York. The S2 indictment, paragraph 9(b), claims that “Maxwell interacted with [Accuser-2] on at least one occasion in or about 1996 at Epstein’s residence in New Mexico....” The journal references other dates, places, and events in 1996. The absence of any mention of Ms. Maxwell in context with other recorded events is both relevant and exculpatory. As a piece of physical evidence, the journal is subject to inspection and testing. See F. R. Crim. P. 17(c)(1). Moreover, were the journal in the possession of the government it would be subject to inspection under F. R. Crim. P. 16 (a) (1) (E) which provides, in relevant part: Upon a defendant's request, the government must permit the defendant to inspect and to copy or photograph books, papers, documents, data, photographs, tangible objects, buildings or places, or copies or portions of any of these items, if the ttem is within the government's possession, custody, or control and: (i) the item is material to preparing the defense; (ii) the government intends to use the Item in its case-in-chief at trial[.] To avoid any disclosure obligations, the government has simply accepted partisan photocopies of five substantive pages without questioning the provenance of an exhibit it intends to introduce at trial. Comparison of one of the five pages demonstrates the problem. Attached as exhibit A is a photocopy of a journal entry first produced during the civil litigation. A photocopy DOJ-OGR-00011246