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be N Ww ws Oo OY ~] Case 1:20-cr-00330-PAE Document 755 _ Filed 08/10/22 Page 7 of 262 1712 LC8Cmax1 THE COURT: Yes, that's on my to-do list today, this 25 morning, which is to give you my view of the limiting instruction, which I can do now. So we last talked about this at the November 23rd conference, and I think the defense agreed with the Limiting instruction. The government had suggested changes, which rejected, but I understood the government's position that it oO WO wasn't fully accurate as stated, and that's because of oO be NO complications around New Mexico law, potentially. f we need to go into further issues that implicate 412, we can do sidebar, but I think for purposes of the limiting instruction, here's my thinking, and I may not need Ww you to react immediately to it unless you want to, but you can a OY 20 21 22 23 24 25 consider it and think about it. about sexual conduct that she said she had with Mr. New Mexico. occurred with I think an appropriat e limiting instruction would be: anticipate that you'll hear testimony from the next witness Epstein in instruct you that the sexual conduct she says Mr. Epstein in New Mexico was not, sexual activity, the indictment. end quote, quote, illegal as the government has charged in give you more instructions on the legal term, illegal sexual l activity, at the end of the case. However, to the extent you conclude that her testimony is relevant to the issues before you, you may consider it, but you may not SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00013285