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Case 1:20-cr-00330-PAE Document 447 Filed 11/12/21 Page7of8 at 114. The factors must be assessed in light of the totality of the circumstances, and the linchpin of admissibility is reliability. Here, the factors weigh heavily in favor of suppression. in interviews, court filings, and under oath, never identified Ms. Maxwell as anyone who abused her in any fashion. There was no “opportunity” for JY to “view the criminal at the time of the crime” because Ms. Maxwell did not participate in any crime. There was no prior description of Ms. Maxwell by gg and the length of time between the alleged event and the suggestive identification procedure was extraordinarily long. Accordingly, any identification, both out of court and in court, should be suppressed. Dated: October 18, 2021 Respectfully submitted, s/ Jeffrey S. Pagliuca Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. 150 East 10th Avenue Denver, CO 80203 Phone: 303-831-7364 Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue New York, NY 10022 Phone: 212-957-7600 Bobbi C. Sternheim Law Offices of Bobbi C. Sternheim 225 Broadway, Suite 715 New York, NY 10007 Phone: 212-243-1100 Attorneys for Ghislaine Maxwell DOJ-OGR-00006681