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Case 1:20-cr-00330-PAE Document 388 Filed 10/29/21 Page4of14 Ghislaine Maxwell respectfully moves in limine, pursuant to United States v. Al-Sadawi, 432 F.3d 419 (2d Cir. 2005) and Federal Rule of Evidence 403, to exclude evidence of Ms. Maxwell’s supposed “flight” following the arrest of Jeffrey Epstein and to preclude the government from arguing to the jury that Ms. Maxwell was hiding from or evading law enforcement authorities prior to, or at the time of, her arrest, or that her conduct during this time period is proof of consciousness of guilt. PRELIMINARY STATEMENT As Ms. Maxwell explained in her bail applications, her decision to remove herself from public view after Epstein’s arrest was emphatically not for the purpose of evading detection by law enforcement, but instead was an effort to protect herself and her family members from an onslaught of intrusive media attention and threats of physical violence. Ms. Maxwell’s position was extensively supported by letters from her spouse and other family members, who personally attested to relentless harassment from the media, as well as an affidavit submitted by Ms. Maxwell’s security guard who explained the circumstances of her arrest. Furthermore, Ms. Maxwell remained in the United States continuously after Epstein’s arrest, was in regular contact with the prosecutors through her attorneys, and never once demonstrated an intent to flee the country. The government has not established, and will not be able to establish at trial, a sufficient factual predicate of flight from which the jury can infer consciousness of guilt under controlling precedent. See Al-Sadawi, 432 F.3d at 424-25. Allowing the government to introduce evidence of Ms. Maxwell’s actions prior to, and at the time of, her arrest to prove consciousness of guilt would mislead the jury and would invite them to draw speculative and unsupported inferences in the face of contrary factual evidence. Such evidence and argument would be unfairly prejudicial to Ms. Maxwell and would lead to a mini trial on the issue of flight DOJ-OGR-00005691