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Case 1:20-cr-00330-PAE Document 739 Filed 08/10/22 Page 29o0f43 29 LBNAMAXTps 1 MR. ROHRBACH: apologize, your Honor. I'm just 2 trying to pull find that. This is for the —- 3 THE COURT: For witness 3. 4 MR. ROHRBACH: For witness 3. Yes, your Honor, we 5 agree that's a correct statement of the law. 6 THE COURT: But you want to add "solely." 7 MR. ROHRBACH: Yes. The government thinks that that 8 clarification -- 9 THE COURT: Let me ask you this. So if you add 10 "solely," then, to my ear, it would mean that you can convict 11 the defendant on the basis of the testimony of witness 3 12 regarding the sexual conduct between this witness and 13 Mr. Epstein, and other evidence regarding the sexual conduct 14 between this witness and Mr. Epstein. Is that a correct 15 statement of law? 16 MR. ROHRBACH: Yes, your Honor. Insofar as the Court 17 has ruled that evidence related to witness 3 is direct evidenc 18 of the offense, if that is offered in combination with other 19 evidence in the case that goes -- 20 THE COURT: No, I think maybe you misunderstood my 2l question. The government has said that the sexual conduct 22 between Mr. Epstein and this witness took place over all 23 relevant ages of consent. Correct? 24 MR. ROHRBACH: Yes, your Honor. 25 THE COURT: So the defendant can't be convicted based SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00011650