DOJ-OGR-00003995.jpg

Case 1:20-cr-00330-PAE Document 246 Filed 04/23/21 Page8of13 The Hon. Alison J. Nathan April 22, 2021 Page 8 the dispersed locations of the witnesses are formidable challenges, even without the difficulties imposed on travel by COVID. Defense counsel are reviewing the 20,000 pages of information relating to 225 potential witnesses and, simultaneously, attempting to locate the various potential witnesses to conduct defense interviews. Defense interviews are necessary because of the government’s continued refusal to affirmatively investigate exculpatory evidence. Of the 302s reviewed by defense counsel a pervasive tactic has emerged: as soon as the witness begins to provide information helpful to the defense the interview is terminated by the government. Had the government asked logical follow-up questions defense interviews might not be necessary. The government has had years to investigate these allegations (dating decades ago, from 1994-2004) using the enormous resources at its disposal, including multiple grand juries, scores of agents, and teams of prosecutors. It is unreasonable to expect that Ms. Maxwell’s lawyers can conduct a COVID-burdened review of 20,000 pages of interviews with 225 potential witnesses while preparing for a trial less than 90 days away. D. The new charges require additional defense investigation and preparation. Dozens of the statements produced support Ms. Maxwell’s defense and will require further defense investigation. Defense investigation is a key component to providing effective assistance of counsel and the duty of counsel to diligently carry out this task is well established. “Defense counsel [have] a duty to investigate in all cases, and to determine whether there is a sufficient factual basis for criminal charges.”” ABA CRIMINAL JUSTICE STANDARDS FOR THE DEFENSE FUNCTION STANDARD 4-4.1, Duty to Investigate and Engage Investigators (4th Ed. 2017). In carrying out this important defense function: DOJ-OGR-00003995