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Case 1:20-cr-00330-PAE Document 410-1 Particular Investigative Techniques Not Requ [If applicable] You have heard reference, in the arguments of defense counsel in this case, to the fact Filed 11/04/21 that certain investigative techniques were used or not used by the Government. There is no legal requirement, however, that the Government prove its case through any particular means While Your concern is to determine whether or not, on the evidence or lack of evidence, the defendant’s guilt has been proved beyond a reasonable doubt. Adapted from the charge of the Hon. Alison J. Nathan in United States v. Jones, 16 Cr. 553 (AJN) and in United States v. Pizarro, 17 Cr. 151 (AJN); the charge of the Hon. Kimba M. Wood in United States v. Almonte, 16 Cr. 670 (KMW); the charge of the Hon. Denise L. Cote in United States v. Purcell, 18 Cr. 081 (DLC); and the charge of the Hon. P. Kevin Castel in United States v. William Walters, 16 Cr. 338 (PKC). 82 Page 82 of 93 Commented [CE99]: The defense maintains its position that it is entitled to challenge the thoroughness and good faith of the government's investigation See Kyles v. Whitley, 514US 419. 445 (1995) The government is free to argue in response that its investigation was thorough and proper This instruction is argumentative and highlights the govemmment’s arguments at tbe expense of Ms Maxwell's Commented [RA(100R99]: GOVERNMENT Commented [CE101]: At the very least. this language should be omitted It is repetitive and favors the government Furthermore, the Court has omitted this language from its 17Cr 151 (AJN) Commented [RA(102R101]: GOVERNMENT RESPONSE: The Court has already ruled that the Govemment’s motivations and use of investigative techniques are not relevant or admissible The Second Circuit has affinmed nearly this instruction, United States v. Preldajah,456F App’x 56, 60 (2d Cir 2012) (summary order) and held that an instruction that “the government is not on trial” is “appropriate ~ United States v. Knox, 687 F Appx 51, 54-55 (2d Cir 2017) (summary order) This Court has also previously given this instruction See United States v. Le, 15 Cr 38 (AJN) place the Govemmment’s motivations and conduct at issue, the Govemment submits that a clear instruction like this is necessary DOJ-OGR-00006148