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Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 19 of 93 Count Two: Enticement to Engage in Illegal Sexual Activity- The Elements he : a Commented [CE21]: The defense objects to the inclusion : f the term “coerced” if the proof at trial does not include To prove the defendant guilty of Count Two, the Government must prove each of the pais of amet lan = orien coercion not Commented TRA(22R21}: See comment on page 17 Commented [CE231: Count Two refers only to Jane Doe- First, that the defendant knowingly persuaded or induced or enticed jp+eoercedp j Me enarie nee cme: pcan i eh mee 9 not involve the other alleged victims See United States v. Robert Sylvester Kelly, 19 Cr 286 (AMD) EDN Y), Jury Instructions at 72-73 (hereinafter “R. Kelly Jury New York. as alleged in the Indictment} Instructions.” attached as Exhibit A) (including first name of alleged victim in description of elements of enticement) Second, that the+adi-idual[Jane Doe-1_pseudonym] traveled in interstate orfereicn- cekesss uaacais & dates bao = pseudonyms to address Jane Doe-1 or any of the other witnesses at tial See Def’s Resp to Gov't’s Omnibus Mot \ in Limine (Dkt 382) at 4-15 following three elements beyond a reasonable doubt: tadtrtduat[Jane Doe-1| pseudonym] to travel in interstate commerce;_ namely from Florida to commerce from Florida to New York; and Third, that the defendant acted with the intent that heiadsduel[Jane Doe-1_ pseudonym that the appropriate pseudonyms should be used in the jury " S would engage in sexual activity with Jeffrey E pstein| for which any person can be charged with a These instructions state the generic elements of the offense, criminal offense under New York law. which the conspiracy counts later incorporate Counts Two, | Four, and Six are then narrowed to their facts with a sentence Count Two relates to Miner Vietim-—t[Jane Doe-1_pseudonym] during the time period at the end of the charge A jury will not be confused into convicting on conduct relating to a Minor Victim when the instructions say that Count Two relates only to Minor 1994 to 1997. Victim-1 Commented [CE25]: Count Two alleges only travel “from Adapted from Sand et al., Modern Federal Jury Instructions, Instr. 64-6. Florida to New York, New York” as the basis for the charge See S2Ind 415 The defense anticipates that Jane Doe-1 | will testify about traveling to, among other places, Epstein’s ranch in New Mexico and Califomia The elements should | make clear that the relevant travel for purposes of Count Two is travel from Florida to New York, as alleged in the S2 Commented [CE271: Cams Two changes that Me Maxwell acted with the intention “that Minor Victim-1 would engage in one or more sex acts with Jeffrey Epstein” in violation of New York law S2 Ind { 15 (emphasis added) Should Jane Doe-1 testify that Ms Maxwell also engaged in illegal sex acts with her, that is not a basis to convict Ms Maxwell on Count Two, as it is charged in the | S2 Indictment Accordingly, the elements of the charge Should specify that the relevant sexual activity was with [ ... J Commented [RA(28R27]: GOVERNMENT RESPONSE: the offense and not a particular means of committing the offense The Court should not limit the elements to a particular means. as the defense suggests 19 DOJ-OGR-00006085