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Case 1:20-cr-00330-PAE Document 287 Filed 05/20/21 Page5of16 her of the crimes charged in the Indictment. A bill of particulars is therefore necessary to prevent unfair surprise at trial and to allow Ms. Maxwell to adequately prepare her defense. It is also critical that Ms. Maxwell receive accelerated disclosure of the government’s witness list, Jencks Act material, Brady/Giglio material, Rule 404(b) evidence, and any co- conspirator statements. The government predictably argues that there is nothing unusual about the circumstances of Ms. Maxwell’s case that would justify a deviation from customary production deadlines for the materials she requests. But Ms. Maxwell’s case is not a typical case and presents unique circumstances that warrant the relief she seeks. The Indictment alleges vague conduct that is over 25 years old and involves conduct that allegedly took place over a four-year period in multiple locations across the country and in at least one foreign jurisdiction. Any relevant documents that may still exist will take time to retrieve. The investigation of witness statements and any Rule 404(b) evidence will similarly take significant time and potentially also involve foreign travel and depositions under Rule 15 of the Federal Rules of Criminal Procedure. For these reasons, and the others set forth below, the Court should order the production of these materials by March 22, 2021. Ms. Maxwell has also provided specific reasons supporting her requests for the production and inspection of certain FBI reports and other documents, such as a complete copy of the handwritten diary, which are not included in the discovery. There is ample evidence to conclude that these documents contain material inconsistencies in the prior statements of key government witnesses, as well as other exculpatory information for Ms. Maxwell. The Court should therefore order the government to produce them. ° Ms. Maxwell originally requested that the government produce the requested witness materials by March 12, 2021 (Dkt. 148 at 15, 17), the same deadline as the Court imposed on the government to produce documents related to certain non-testifying witnesses. (Dkt. 73). Because the Court granted Ms. Maxwell’s request to extend the filing deadline for the reply motions by 10 days from March 5, 2021 to March 15, 2021, we have moved forward our requested deadline for the production of witness materials by 10 days to March 22, 2021. DOJ-OGR- 00004232