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and his mother, one individual Maxwell believes
worked with one of the alleged victims in this case, and
a police detective who investigated Epstein in Florida.
She contends they all would have provided exculpatory
testimony were they alive today. Courts have generally
found that vague assertions that a deceased witness
might have provided favorable testimony do not justify
dismissing an indictment for delay. See, e.g., United
States v. Scala, 388 F. Supp. 2d 396, 399-400 (S.D.N.Y.
2005). The Court agrees with this approach. Maxwell
provides no indication of what many of these potential
witnesses might have testified to. The testimony she
suggests the detective might have offered—that
witnesses in the Palm Beach investigation did not
identify Maxwell by name—is propensity evidence
that does nothing to establish her innocence of the
charged offenses. There are also serious doubts under
all of the relevant circumstances that a jury would
have found testimony from Epstein credible even if he
had waived his right against self-incrimination and
testified on her behalf. See United States v. Spears, 159
F.3d 1081, 1085 (7th Cir. 1999).
Maxwell’s arguments that the indictment should be
dismissed because of the possibility of missing witnesses,
failing memories, or lost records fail for similar reasons.
These are difficulties that arise in any case where
there is extended delay in bringing a prosecution, and
they do not justify dismissing an indictment. United
States v. Marion, 404 US. 307, 325-26 (1971); see United
States v. Elsbery, 602 F.2d 1054, 1059 (2d Cir. 1979).
Finally, the Court finds no substantial prejudice
from the pretrial publicity this case has garnered.
Maxwell contends that lengthy public interest in this
case has transformed her reputation from that of
Epstein’s friend to a co-conspirator. And she also
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