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Case 1:20-cr-00330-PAE Document 706 Filed 07/12/22 Page4of12 I. The Court Should Preclude Testimony by Eva Dubin, Michelle Healy, or Kelly Bovino About Sexualized Massages with Jane It appears that the defendant seeks to offer testimony from Eva Dubin, Michelle Healy, and Kelly Bovino that they did not participate in sexualized massages with Jane. This testimony would not contradict Jane’s testimony at all. But even if it did, such contradiction is impeachment about a collateral matter through extrinsic evidence, and it is impeachment of supposedly contradictory statements made on cross examination, rather than on direct examination, each of which renders impeachment improper. Such testimony should be precluded. A. Factual Background On cross-examination, the defense asked Jane a series of questions about what she had told the Government about other participants in group sexual encounters with Epstein and the defendant. Tr. 523-24. In the course of that testimony, Jane confirmed that she “told the Government” there was “a woman named Eva” who “joined in” with another woman. Tr. 525-26. She also “remembered” another participant “named Michelle,” who was “short.” Tr. 526-27. And finally, Jane “remembered” a participant “name Kelly,” whose last name Jane also “remembered,” and who Jane thought was ‘“‘a model who was older than [Jane].” Tr. 527. Defense counsel confirmed that Jane told the Government that Jane thought she could recognize photos of at least a few of the participants, but the Government had not shown her photos of Eva, Michelle, or Kelly. Tr. 527, 530. Despite this line of questioning, defense counsel did not show Jane photos on the stand or ask Jane for last names of any of these individuals or any other identifying information. B. Discussion The Government expects that the defendant plans to call Eva Dubin, Michelle Healy, and 4 DOJ-OGR-00011256