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Case 1:20-cr-00330-PAE Document 384 _ Filed 10/29/21 Page /7of12 Ill. The Failure to Disclose Prevents Defense Cross Examination at Trial and Facilitates the Presentation of False Testimony None of the identified purported coconspirators are available to testify at trial. Jeffrey Epstein is dead, and neither i have been granted immunity for their trial testimony. Accordingly, Ms. Maxwell cannot cross-examine any identified coconspirator about whether he or she made any yet-to-be attributed statement. The government’s failure to disclose creates a real danger that during trial one or more of the alleged accusers will, for the first time, offer some alleged 801(d)(2)(E) statement attempting to inculpate Ms. Maxwell. Thus, it is entirely possible that any one of the accusers could be asked, for example, Government Lawyer: Why did you go to the house? Witness/Accuser: Because [insert coconspirator] said that Maxwell said [insert expedient non-disclosed [statement]]. This is an invitation to manufacture evidence which Ms. Maxwell cannot cross examine. In addition, the failure to disclose implicates many of the issues raised in Ms. Maxwell’s previously filed motions. The allegations are decades old, and Ms. Maxwell raised concerns about lack of memory and available witnesses in her Motion to Dismiss for Pre-Indictment Delay, Dkt. 138. It has been difficult to track down and interview relevant percipient witnesses to the alleged events. The failure of disclosure of critical alleged coconspirator statements makes it impossible to prepare a defense. DOJ-OGR-00005601