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Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 65 of 69 government should re-read the many thousands of pages of witness statements before asserting that it would be “baseless” to claim that Ms. Maxwell was a victim of Epstein. The defense has not provided notice under Rule 12.2, as would be required to interpose a defense based on Ms. Maxwell’s mental condition and its bearing on culpability. Ms. Maxwell maintains her innocence and does not intent to assert any affirmative defense. The government has the burden of proving the charges in the Indictment beyond a reasonable doubt. The defense bears no burden and is not obligated to disclose defense theory or strategy unless required by statute. The government seems overly concerned that the jury will be confused, a reference it uses 24 times throughout its Motions in Limine, and that the government will be highly prejudiced. Any confusion will be the result of its own presentation of evidence, the lack of corroborating evidence, and the prejudice inflicted upon Ms. Maxwell. x, Es. iaxweie was THE PREVAILING PARTY IN CIVIL LITIGATION BASED ON THE SAME FACTS AS THIS CRIMINAL TRIAL, WHICH IS RELEVANT TO MS. MAXWELL'S DEFENSE i e—“CSSCSC‘CsCiés OO —CSSCSC‘Ciés "ic not agree that" Ms. Maxwell was the prevailing party. Mot. at 51-52. | OO —isSCSCis OO —“SSCSC‘C(iséis OO —SCSCSC‘C(‘C‘(A Ree | cre is nothing "inaccurate" or "confusing" about xy 57 DOJ-OGR-00006482