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Case 1:20-cr-00330-PAE Document 765 Filed 08/10/22 Page 38 of 95 LCI1MAX1 1 considered illegal sexual activity for the purposes of their 2 deliberations. It's not as charged in the indictment. We're 5 talking about New York law, so I don't know if that was made 4 clear to the jury. 5 MR. ROHRBACH: Your Honor, these instructions do not 6 put before the jury any violation of any New Mexico offense 7 whatsoever above or below the age of consent, so I think 8 there's no risk that the jury is going to convict the defendant y) based on their concerns about a violation of a New York 10 offense. 11 MR. EVERDELL: That's not really the issue about what 12 instructions to put before the jury. The testimony put before 13 the jury, sexual contact between Jane and Epstein in New Mexico 14 after what we believe is the age of consent in New Mexico, and 15 so if -- 16 THE COURT: That's why, I think, it's the same reason 17 gave limiting instructions as asked with respect to the 18 testimony of Kate and Annie. I think what I'm hearing you say 19 is, you meant to ask for a limiting instruction at that time? 20 MR. EVERDELL: Well, your Honor, we knew from the 21 proffered 3500s for the other witnesses what they were planning 22 on testifying to, so we were able to request those at the time 23 before the witnesses testified and brief those in limine. 24 didn't think we -- what we knew about Jane ahead of time was 25 that she alleged that she traveled to New Mexico but that SOUTHERN DIS TR (212) 805-0300 CT REPORTERS, P.C. 2776 DOJ-OGR-00014342