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Extracted Text (OCR)
Case 22-1426, Document 79, 06/29/2023, 3536060, Page86 of 93
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requesting instead a series of instructions that were
“unresponsive, “redundant,” and “legally inaccurate.”
(A.388-89). See Rommy, 506 F.3d at 126 (court re-
sponding to jury note “is not required to reference spe-
cific arguments advanced or defenses raised by counsel
in urging particular outcomes’). Judge Nathan’s re-
sponse to the jury note was sound and did not con-
structively amend the Indictment.
Maxwell’s contrary view rests on extensive specu-
lation about “which flights and evidence the jury was
referencing in the note.” (A.386). The trial included,
among other evidence, testimony by Jane about “tak-
ing numerous flights both on Epstein’s private plane
and on commercial carriers.” (A.386). Maxwell ignores
that evidence, focusing on a specific trip referenced in
the flight logs. (Br.78-79). Even if Maxwell correctly
identified the flight at issue, it still betrayed no jury
confusion. The origin of that trip was New York, and
the jury’s focus was on the “return flight”’—which it
could have inferred was a flight to New York, where
Maxwell intended Jane to engage in sexual activity.
Her view also rests on adopting one specific reading
of a note that, as Judge Nathan explained, was “decid-
edly ambiguous as to the precise legal question being
asked” (A.386). See Rommy, 506 F.3d at 126 (district
court “enjoys considerable discretion in construing the
scope of a jury inquiry”). Maxwell herself initially un-
derstood the note to be about “aiding and abetting” li-
ability, and whether sexual activity was a sufficiently
“‘significant or motivating purpose’ for the travel.”
(A.387); see United States v. Kim, 471 F. App’x 82, 84
(2d Cir. 2012) (affirming jury instructions that
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Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00021733.jpg |
| File Size | 691.6 KB |
| OCR Confidence | 94.5% |
| Has Readable Text | Yes |
| Text Length | 1,789 characters |
| Indexed | 2026-02-03 20:16:35.611444 |