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Case 1:15-cv-07433-LAP Document 1332-1 Filed 01/08/24 Page 27 of 42 made no attempt to provide any proof or even proffer of relevance beyond mere speculation. Thus, an adverse inference is impermissible. ii. Ms. Maxwell has never deleted any relevant emails Ms. Maxwell has never “admitted” to deleting any emails that 1) might have any relevance to this case, or 2) after she was under a preservation obligation.8 Rather, she has a regular practice of deleting spam emails, as do most people. Specifically, she testified: A. LThave not deleted anything that you have asked me for in discovery. I have given you everything that I have. * By contrast, Plaintiff admits that in 2013 while she was in the process of trying to implead herself into the CVRA case and under a preservation obligation, she and her husband had a bonfire and purposefully burned her journal that she had kept for years containing relevant information. Specifically, she testified; Q. The booklet that you gave pages from to Ms. Churcher where is that booklet? A. Burned. Q. When did you burn it? A. In, I think it was 2013. Me and my husband had a bonfire. Q. What did you put in the bonfire? A. Any kind of memories that I had written down about all the stuff going on. Q. Had you written anything about Professor Dershowitz? A. He could have been there, yes. Q. And you burned that? A. I wanted to burn my memories. I wanted to get rid of it. It was very painful stuff. Q. Other than what you had written down did you burn anything else? I don't mean the wood, when you talk about burning your memories, what were you burning? A. I was burning like memories, thoughts, dreams that I had, just everything that was kind of 1 affiliated with the abuse I endured, and there was a lot of it in there. My husband is pretty spiritual so he said the best thing to do would be burn them. Q. Is there anything you decided to keep and not burn? A. Just the photographs. Q. Anything else that you can think of? A. Photographs, that's it. Q. Did you ever look to see if you had any personal notes in your writing that pertain to Professor Dershowitz? A. Like from my old journal, the one that I burned? Q. From anywhere. Did you ever make an effort to look? A. Dershowitz could have been in my journal, he could have been. We're talking about an 85 page, if not more, you know, things that I had written to get my story out of my head and into pages; and yes, Dershowitz could have been in there, but that's up in the clouds now, bonfire. Q. That's what you call your journals, what you burned, right? A. Yes. Q. And you wrote that journal in order to collect your thoughts? A. To get everything out of here and on to paper. Menninger Decl., Ex. D at 64-65; 194-21. 12