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be NO Ww ws Oo OY ~] oO Ke) a oO he be No (ee) = Hs Oo _ OY a ~] a oO a Ke} 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 751 Filed 08/10/22 Page6 of 261 1146 LC6Cmaxl THE COURT: I think what makes sense is she comes in, she's sworn before any questions on direct, I give the instruction, and then the direct testimony begins. Next issue is the 900 series. The government seeks to admit photographs of the interior of Jeffrey Epstein's New York apartment taken in 2019. The government claims that the photos are probative of how Epstein's apartment apoeared when Jane, who previously testified, saw it as early as 1994 and therefore corroborates her testimony. Trial transcript at 1075 to 76. The defense objected to the photos' admission. I sustained the objection based on the current record. Trial transcript at 1077. I noted that while, quote, older photographs of immoveable objects and structures may be relevant, end quote, photos of, quote, very moveable objects, end quote, are not relevant unless, quote, there is a witness, end quote, that confirms the photos are similar to how the objects appeared years earlier. Trial transcript at 1076 to 77. With the leave of Court, the government filed a letter on December 4th, 2021, requesting admission of at least a subset of the photographs. The defense filed a response on December 5th. I must determine the probative value of the photos and then determine if that relevance is substantially outweighed by unfair prejudice. A photograph of the scene may be relevant SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00012757