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be NO Ww ws Oo OY ~] oO Ke} 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 739 Filed 08/10/22 Page330f43 33 LBNAMAXTps purpose of this testimony is that thes ar illegal acts that they're talking about, and unless they're instructed otherwise by the Court, they may convict Ms. Maxwell on an improper basis, which is that this witness's testimony is talking about illegal sexual activity, as that's charged in the indictment. So there has to be a clarification on this point. And I just would note, your Honor, the reason why we're here in this position is becaus the government has chosen to add Accuser 2, Accuser 3, people who have nothing to do with violations of New York law, in this conspiracy, and if they're going to do that and you try to use that as evidence of a violation of New York law -- THE COURT: Well, the charge is enticement. And, in my mind, this witness is in a very different position than witness 3. MR. EVERDELL: Yes. THE COURT: But it's certainly relevant evidence to the enticement charge with respect to New York law. There's no doubt about that. understands, though it can be relevant evidence for that, if But agree, we have to make sure that the jury they want to take it into account for whatever they want to take it into account for, what they can't take it into account for is itself the New Mexico activity -- sexual activity as itself illegal conduct charged in the indictment. SOUTHERN DISTRICT REPORTERS, (212) 805-030 0 DOJ-OGR-00011654