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Case 1:20-cr-00330-PAE Document 706 Filed 07/12/22 Page5of12 Kelly Bovino to testify that they did not participate in group sexualized massages with Jane, Epstein, and the defendant. The Court should preclude this testimony, which does not contradict Jane’s, and is in any event improper impeachment about a topic of cross-examination that is collateral to the case. First, the anticipated testimony does not contradict Jane’s. Jane testified that she had told the Government that she remembered group sexualized massages involving “Eva,” “Michelle,” and “Kelly.” Defense counsel did not ask Jane, and Jane did not testify, that these people were Eva Dubin, Michelle Healy, or Kelly Bovino. The defense had an opportunity to elicit specific names or identities from Jane, such as by eliciting a last name or pointing to a photograph, but they chose not to do so. Indeed, defense counsel elicited no description of Eva, and only elicited that Michelle was “short.” (Tr. 527). With respect to Kelly, defense counsel only asked whether Jane told the Government that Kelly was an older model whose last name Jane knew—but then chose not to elicit that last name. (/d.) Having failed to develop the record, defense counsel cannot now attempt to impeach Jane’s testimony by calling specific individuals they claim are Eva, Michelle, and Kelly. Indeed, as defense counsel is aware, Jane had previously been asked in meetings with the Government about Eva Dubin, and she answered that she knew Dubin and “does not remember DUBIN being involved in massages.” See 3509-020 at 1. That is, Jane knows who Eva Dubin is and has denied that Eva Dubin was involved in sexualized massages. See id.! Testimony from Eva Dubin that ' In her interviews with the Government, Jane has not always agreed that another “Eva” exists who participated in massages, as she testified on the stand. Compare 3509-008 at 4 (recalling that Eva would join in) and 3509-009 at 7 (unclear notation in the notes underlying 3509-008 about the name of the person who joined the massage) with 3509-020 at 2 (not recalling another Eva). But Jane has been consistent in saying that she knows Eva Dubin and that Jane had no personal 5 DOJ-OGR-00011257