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Case 1:20-cr-00330-AJN Document 765 Filed 08/10/22 Page 35 of 95 2773 LCI1MAX1 1 THE COURT: All right. Page 24, line 19, I'll adopt 2 that change. So instead of "the defendant," "Ms. Maxwell." 3 Just one moment. 4 Okay. 5 MR. EVERDELL: Okay. So the additional request is -- 6 this is where the issue of the fact that Kate was above the age 7 of consent and about the fact that -- well, Annie's testimony 8 was not a violation of New York law. That's what the Court 9 gave the limiting instruction to the jury on. We think that it 10 is appropriate to incorporate those Limiting instructions into 11 the jury charge and that this is the place where it should be 12 given. Because it's one thing to give the limiting instruction 13 at the time of the testimony -- that is what we asked for and 14 we appreciate the Court doing that -- but I think that they 15 need to be instructed again before they go into deliberations, 16 now having heard 12 plus days of testimony, that what those 17 considerations -- that testimony they are allowed to consider 18 for what purpose, because if they're given an instruction on 19 New York law, I think it's time to reiterate in the charge to 20 them that Kate was over the age of consent and was not 21 involved -- it cannot be considered illegal sexual activity, 22 because this is where the illegal sexual activity is defined. 23 And same with Annie. I have a proposed instruction to add 24 here, but it tracks the language of the limiting instruction 25 the Court gave, so I don't think it's adding any language. SOUTHERN DISTRICT REPORTERS, P.C. (212%) 805-0220 DOJ-OGR-00016961