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Case 1:20-cr-00330-PAE Document 435 Filed 11/11/21 Page8of1i1
Holdings, Inc., No. 16-CV-2242 (VEC), 2020 WL 1503452, at *6 (S.D.N.Y. Mar. 30, 2020)
(quoting 4 Weinstein’s Federal Evidence § 702.03 (2019)); see also United States v. Mulder, 273
F.3d 91, 101 (2d Cir. 2001) (explaining that “the district court should not admit testimony that is
‘directed solely to lay matters which a jury is capable of understanding and deciding without the
expert’s help’” (quoting United States v. Castillo, 924 F.2d 1227, 1232 (2d Cir. 1991))). Dr.
Rocchio’s first and second opinions may assist the jury in understanding how a minor may be
enticed, induced, or coerced into illegal sexual activity without physical force. These opinions
may also assist a jury in assessing evidence that some alleged victims repeatedly interacted with
Jeffrey Epstein, seemingly voluntarily, even after they suffered abuse. Dr. Rocchio’s fourth
opinion is similarly relevant to the charges that require proving intentional enticement or
inducement.
Dr. Rocchio’s third and fifth opinions pertain to issues that will arise in the case based on
anticipated cross-examination by the Defense. Specifically, the third opinion becomes relevant if
the Defense impeaches an alleged victim based on their substance abuse. And the fifth opinion
may become relevant if the Defense impeaches an alleged victim based on an ostensible delay in
fully disclosing sexual abuse. At the Daubert hearing, the Defense stated that they intended to
pursue both lines of impeachment at trial. Nov. 10 Tr. at 156-57. The Court therefore finds
these elements of Dr. Rocchio’s testimony relevant to matters the Defense intends to put in issue
during anticipated cross-examination. The Court also concludes that these opinions satisfy the
other relevant Daubert requirements. Namely, they would assist the jury in understanding
concepts that require expert knowledge without directing the jury to reach any conclusion as to a
witness’s credibility. Additionally, both Dr. Rocchio’s opinion about sexual abuse’s connection
to substance abuse and her opinion about delayed disclosure are “are outside the ken of the
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Dates
Document Details
| Filename | DOJ-OGR-00006349.jpg |
| File Size | 741.5 KB |
| OCR Confidence | 94.0% |
| Has Readable Text | Yes |
| Text Length | 2,177 characters |
| Indexed | 2026-02-03 17:10:10.570966 |