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DOJ-OGR-00021140.jpg

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Case 22-1426, Document 59, 02/28/2023, 3475902, Page93 of 113 410-1 at 19; Tr. 2758:23-2760:9. Count Four rested exclusively on the testimony of Jane. Jane recalled one trip to New Mexico when she was “15 or 16.” Tr. 321:6- 321:13. She flew to New Mexico with Epstein and Maxwell and stayed at Epstein’s ranch. Tr. 321:14-322:6., and, while there, she was sexually abused. Tr. 322:7-323:19. Based on Jane’s testimony and the Note, there is a substantial likelihood that the jury improperly based its conviction solely on the sexual abuse that Jane experienced in New Mexico. The jurors had the mistaken impression that it would be sufficient to satisfy the second element of Count Four if they found that Maxwell had intended Jane to engage in sexual activity in New Mexico, even though such conduct was not and could not have been “sexual activity in violation of New York Penal Law, Section 130.55.” The corroborating evidence supports the theory that the jury did not credit Jane’s testimony that Maxwell participated in or helped arrange Jane’s sexual abuse in New York and was instead focused on her involvement in the New Mexico conduct. The most important piece of evidence corroborating Jane’s testimony were the flight logs kept by Epstein’s pilot, Dave Rodgers. See GX-662-R. The flight logs were the only contemporaneous evidence offered at trial that could corroborate that Jane, in fact, traveled to New York and New Mexico and when those trips may have taken place. According to the 78 DOJ-OGR-00021140

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Filename DOJ-OGR-00021140.jpg
File Size 647.0 KB
OCR Confidence 95.3%
Has Readable Text Yes
Text Length 1,525 characters
Indexed 2026-02-03 20:07:39.932481