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Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Improper Considerations Your verdict must be based solely upon the evidence or the lack of evidence. It would be improper for you to consider any personal feelings you may have about |Ms. Maxwell’s defeadentsrace, ethnicity, religion, national origin, sex, age, or any other such factor. Similarly, it would be improper for you to consider any personal feelings you may have about the race, ethnicity, religion, national origin, sex, age, or any other similar factor of any other witness or anyone else involved in this case. It also would be improper for you to allow any feelings you might have about the nature of the crimes charged to interfere with your decision-making process. Ms. Maxwell is entitled to a trial free from prejudice and our judicial system cannot work unless you reach your verdict through a fair and impartial consideration of the evidence. Adapted from the charge of the Hon. Alison J. Nathan in United States v. Jones, 16 Cr. 533 (AJN) and in United States v. Pizarro, 17 Cr. 151 (AJN). Page 7 of 93 Commented [RA(1]: GOVERNMENT RESPONSE: The defendant is the defendant and should be referred to as such here and elsewhere the defense has sought this edit See, e.g., United States v. Pizarro, 17 Cr 151 (AJN) (referring to “the defendant” in this instruction); United States v. Lebedev, 15 Cr 769 (AJN) (same); United States v. Jones, 16 Cr 533 (AIN) (same) Commented [RA(2]: See above response DOJ-OGR-00006073