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Case 1:20-cr-00330-AJN Document 65 Filed 10/20/20 Page 4 of 4 Page 4 photographs of victims who were abused during periods of time that post-date the Indictment and who the Government does not anticipate calling to testify at trial—and as such, do not constitute Brady material, Rule 16 evidence, or impeachment material for any trial witnesses—the defendant is not entitled to their immediate production. This is particularly so when weighed against the risks of early production to the Government’s ongoing investigation. By contrast, the Government has met its burden under Rule 16(d)(1) by explaining why the requested delay is necessary and how the Government would be prejudiced by the immediate production of the Materials. In particular, the proposed delay will allow the Government to continue its investigation into conduct outside the period charged in the Indictment without revealing to the defendant the identities of the witnesses in that investigation. The premature revelation of this information would give the defendant the opportunity to interfere with the Government’s investigation before it is complete. Such information could allow her to contact and intimidate witnesses, destroy evidence relevant to the investigation, or alert other targets of the investigation. Moreover, the requirement that any evidence of any victim’s abuse by Jeffrey Epstein at any point in time must be immediately disclosed to the defense in this case, even when it has no bearing on the charges in the Indictment, risks deterring additional victims from coming forward to assist in the Government’s investigation. Allowing the delayed production of these materials would permit the Government to complete its investigation without interference while still giving the defense everything it is asking for well in advance of trial. Accordingly, the Government respectfully requests that the Court approve the Government’s request to delay disclosure of these Materials. Respectfully submitted, AUDREY STRAUSS Acting United States Attorney Maurene Comey / Alison Moe / Lara Pomerantz Assistant United States Attorneys Southern District of New York Tel: (212) 637-2324 Cc: All Counsel of Record (By ECF) DOJ-OGR-00001804