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Case 1:20-cr-00330-PAE Document 247 _ Filed 04/23/21 Page13o0f17 The Honorable Alison J. Nathan April 5, 2021 Page 13 of 17 V. Requests 10 and 11: Boots and Photographs As to Requests 10 and 11, for boots that Epstein and the Defendant purchased for Annie Farmer and various photographs, the Defendant complains that “the government has scrupulously avoided actually obtaining” this evidence. Resp. Ltr. at 11. But, as explained above, Rule 17 is not a tool that can be used to circumvent discovery disputes with the Government. BSF is a private entity with no Brady or other constitutional obligations to the Defendant, and a subpoena to BSF cannot be used to replace discovery appropriately aimed at the Government under Rule 16 or to avoid resolving discovery disputes with the Government. In any event, the photographs are not “admittedly relevant” and the Defendant has not explained how they would be relevant and admissible as trial. Resp. Ltr. at 11. The photographs do not portray any event described in the indictment. Instead, the photographs depicted in Exhibit C to the Subpoena that the Defendant seeks are as follows: AFARMER00010470; | Photographs of Annie Farmer prior to a high school dance, AFARMER00011691; | produced in Farmer v. Indyke et al., 19-cv-10475 (LGS-DCF). AFARMER00011692 AFARMER0001 1339 Photograph of Annie Farmer, Maria Farmer, and their younger sister, produced in Farmer v. Indyke et al., 19-cv-10475 (LGS- DCF). AFARMER00011688; | Photographs of Annie Farmer in Thailand, produced in Farmer v. AFARMER00011690 Indyke et al., 19-cv-10475 (LGS-DCF). AFARMER00011689; | Photographs of Annie Farmer and a friend in high school, produced AFARMER00011693; | in Farmer v. Indyke et al., 19-cv-10475 (LGS-DCF). AFARMER0001 1694 AFARMER00012106; | Photographs of Maria Farmer on Leslie Wexner’s property in Ohio, AFARMER00012107 produced in Farmer v. Indyke et al., 19-cv-10475 (LGS-DCF). GIUFFRE007164— Photographs that Virginia Giuffre provided to the FBI of Jeffery GIUFFRE007182 Epstein’s various properties, of herself at those properties, and of herself, the Defendant, and Prince Andrew in London, produced in Giuffre v. Maxwell, 15-cv-07433-LAP and Farmer v. Indyke et al., 19-cv-10475 (LGS-DCF). Civ. 8308, 1984 WL 368, at *5 (S.D.N.Y. May 17, 1984) (requiring the plaintiff to turn over the portions of her diary that pertained to her claims, but to withhold portions she deemed irrelevant). DOJ-OGR-00004013