DOJ-OGR-00003994.jpg

Case 1:20-cr-00330-PAE Document 246 Filed 04/23/21 Page7of13 The Hon. Alison J. Nathan April 22, 2021 Page 7 Counsel for Ms. Maxwell, immediately upon receipt, began reviewing the material which consists of various statements, transcripts, interviews, and background information related to 225 individuals who live in different parts of the United States and the world. Generally, the witnesses fall into several categories: alleged Epstein victims, former Epstein employees, potential targets of the Epstein investigation, or percipient witnesses. There are two good reasons that these witnesses will not be government trial witnesses: they say things that help Ms. Maxwell or are patently unbelievable. This review is just begun, ongoing, and not nearly finished. Although the government “produced” the materials to defense counsel on April 13, 2021, as of today’s date, Ms. Maxwell still has not yet received this discovery and has not been able to review it personally and with her counsel. The government has represented that it sent a CD with the materials to the MDC the same it was produced to defense counsel. Defense counsel also delivered a hard drive to the government on April 13, 2021 to load the materials so that Ms. Maxwell could review the materials on the laptop, which does not have a CD drive. Ms. Maxwell has received neither. The government claimed that the hard-drive took several days to load, and that it currently is somewhere in the mailroom at MDC. With less than 90 days before trial, the inability for Ms. Maxwell to review more than 20,000 pages of largely exculpatory material presents a significant impediment to her trial preparation. Defense counsel anticipate that simply reading the material and discussing it with Ms. Maxwell (who still does not have the information) will take will take weeks. Ms. Maxwell’s lack of access to the information (actual and logistical) combined with the age of the allegations and Maxwell lacked knowledge of Epstein’s sex trafficking scheme, were only produced to her counsel (and not her) on April 13, 2021. As the Brady order specifies, continuance is a remedy. DOJ-OGR- 00003994