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Case 1:20-cr-00330-AJN Document 763 Filed 08/10/22 Page 97 of 197 2638 LCHCmax3 Dubin —- direct 1 (At the sidebar) 2 MS. MOE: Thank you. Your Honor, this is an issue 3 believe we raised in advance of trial about the relevance of 4 asking witnesses about uncharged conduct and whether the 5 defendant or Epstein committed crimes in other instances that 6 are not charged. I think the foundation here is about the 7 entirety of a very broad relationship between, I think, the 8 1980s and the present, and the question is whether, over 9 several decades, she was aware of any kind of inappropriate 10 conduct with other people. It's extraordinarily broad. And as 11 we briefed in advance of trial, there is no relevance, it's 12 inappropriate to suggest that there are uncharged conduct on 13 other occasions is probative of what happened with the 14 particular individuals at issue in this case. So we think this 15 line of questioning is inappropriate. 16 I would also note, your Honor, as we briefed in 17 advance of this witness's testimony, we don't believe there is 18 a foundation to suggest that this person was in the room with 19 Jane. We think our notes on this are clear, that Jane has 20 expressly said that this person was not involved in sexualized 21 massages. So we think that questions that are designed to 22 impeach and the misimpression that defense counsel has created 23 are inappropriate. 24 And for those reasons, we would object. 25 THE COURT: So the specific objection is to other than SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00016826