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Case 1:20-cr-00330-PAE LC6Cmaxl Document 751 Filed 08/10/22 Page 2 of 261 1142 1 THE COURT: Good morning. I received a letter 2 briefing over the weekend regarding the government's request 3 for a limiting instruction with respect to the next anticipated 4 witness. The witness will testify under the pseudonym Kate. 5 As the government has indicated, because Kate was over 6 the age of consent in all relevant jurisdictions at the time 7 that she alleges sexual conduct with Epstein took place, she's 8 not a victim of the crimes charged in the indictment. On this 9 basis the defense moved pretrial to exclude her testimony as 10 irrelevant and prejudicial. [ denied that request. 11 concluded based on the government's proffer that she has 12 relevant testimony that is direct evidence of the Mann Act 13 counts and evidence that is otherwise admissible under 404(b). 14 To avoid jury confusion and prejudice, however, 15 concluded that her testimony should be limited in the 16 description of details of the sexual conduct that does not form 17 a basis of the charged counts and that a limiting instruction 18 was required. 19 Over the weekend, the government asked for me to 20 include in the limiting instruction a statement that 21 instructed the parties not to ask about details of the sexual 22 conduct that the witness will testify occurred with 23 Mr. Epstein. In part, the government justifies this request 24 based on the defense's opening statement that calls into 25 question the credibility of witnesses based on their inability SOUTH ERN D STR CT REPORT ERS, (212) 805-0300 PG ew DOJ-OGR-00012753