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Extracted Text (OCR)
Case 22-1426, Document 79, 06/29/2023, 3536060, Page85 of 93
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Maxwell’s argument to the contrary rests entirely
on her reading of the jury note. According to Maxwell,
the note shows that the jury “decided that there was
no corroborating evidence that Maxwell was present
for, or helped to arrange, any of Jane’s trips to New
York, but that the flight logs did corroborate that Max-
well was present for Jane’s trip to New Mexico.”
(Br.79). This reading, she claims, is buttressed by the
fact that the jury acquitted on Count Two, which, in
her telling, shows that the jury “determined that the
only corroborating evidence linking Maxwell to the
New Mexico trip was a flight log showing that she was
present on the trip but said nothing about whether she
‘persuaded, induced, enticed, or coerced’ Jane to take
the trip.” (Br.79).
Judge Nathan correctly rejected this argument.
Judge Nathan found that the original jury instructions
and the Government’s summation captured the core of
criminality charged in the Indictment, focusing specif-
ically on conduct directed at and sexual activity in New
York. (A.382-85). Even if the note revealed that the
jury were confused and wondered whether it could con-
vict based on conduct in New Mexico, Judge Nathan’s
response ameliorated that confusion. As Judge Nathan
explained, she sent the jury back to the instruction,
which “accurately instructed that Count Four had to
be predicated on finding a violation of New York Law.”
(A.387). That was sufficient. See United States v.
Rommzy, 506 F.3d 108, 126 (2d Cir. 2007) (court “enjoys
considerable discretion” in “framing a response” to a
jury note and “is only required to answer the particu-
lar inquiries posed’). As Judge Nathan explained,
Maxwell failed to propose a_ better response,
DOJ-OGR- 00021732
Extracted Information
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Document Details
| Filename | DOJ-OGR-00021732.jpg |
| File Size | 692.3 KB |
| OCR Confidence | 94.9% |
| Has Readable Text | Yes |
| Text Length | 1,804 characters |
| Indexed | 2026-02-03 20:16:35.262068 |