DOJ-OGR-00021734.jpg
Extracted Text (OCR)
Case 22-1426, Document 79, 06/29/2023, 3536060, Page87 of 93
74
prostitution must be a “significant or motivating pur-
pose” of the interstate transportation). Maxwell only
came to the theory she now advances after a lengthy
discussion spanning ten pages of the transcript.
(A.387). And that reading is far from clear: the jury’s
question does not ask whether certain facts are suffi-
cient for guilt; it asks whether Maxwell “can be found
guilty” if a certain fact is true. Maxwell “can” be found
guilty based in part on sexual activity occurring in
New Mexico, which is probative of Maxwell’s intent
and role in transporting Jane. That is a perfectly sen-
sible question for the jury to ask—indeed, it was re-
peatedly raised by defense counsel to Judge Nathan at
trial. (See, e.g., Tr.3149).
Setting aside the jury note, Maxwell’s position re-
quires the jury to have reached a series of odd conclu-
sions. Jane testified at length about her travel to New
York and the ensuing sexual abuse there. It would
make little sense for the jury to reject that testimony,
and then conclude that Maxwell arranged the uniden-
tified commercial return flight Maxwell now empha-
sizes, for which there is no documentary evidence in
the record, including no specific corroboration of Max-
well’s role in arranging that flight. (Compare Br.79-80
(“[T]he jury likely believed that if they found Maxwell
had some role in arranging Jane’s return flight from
New Mexico, after the sexual abuse had already taken
place, they could convict her on the substantive trans-
portation count ....”) with Tr.3133 (defense argument
that there is “no evidence” Maxwell arranged a return
flight from New Mexico)). Maxwell suggests that the
jury thought the flight records to be critical evidence,
but the flight logs also demonstrate that Jane was
DOJ-OGR- 00021734
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00021734.jpg |
| File Size | 696.3 KB |
| OCR Confidence | 95.0% |
| Has Readable Text | Yes |
| Text Length | 1,841 characters |
| Indexed | 2026-02-03 20:16:35.758141 |