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Case 1:20-cr-00330-PAE Document 449 _ Filed 11/12/21 Page5of8 Government Exhibit 313 purports to be a photograph of Ms. Maxwell, purportedly seized from a DVD disk in a binder found on a shelf in Jeffrey Epstein’s house when it was searched in 2019. There is no nexus between any allegation in this case and the photograph. Government Exhibit 606 is a document titled “Household Manual” which was apparently printed from an unidentified computer or other electronic storage device. There is no evidentiary foundation for this document, it is hearsay, and the one date on the document, “2/14/2005,” suggests that it was created after the events alleged in the indictment. Ms. Maxwell did not create the document and no evidence exists suggesting that she did. II. The Items are Not Relevant Rule 401 defines relevant evidence as that which “has any tendency to make a fact more or less probable than it would be without the evidence,” so long as “the fact is of consequence in determining the action.” Fed. R. Evid. 401; see also Old Chief v. United States, 519 U.S. 172, 178 (1997). There is no evidence that any accuser in this case saw, was aware of, or impacted by any of the above listed items. [nn BE Regardless, the photographs are not probative of any material fact in this case. Similarly, the apparent seizure of the “Twin Torpedos” in 2005 is not probative of anything. Photographs of Ms. Maxwell found in a NY closet in 2019 prove no material fact in this case not otherwise established by less prejudicial evidence as discussed below. Finally, the unauthenticated 2005 “Household Manual” is outside the time frame alleged in the indictment and plays no role in any allegation contained in the indictment. III. The Evidence Should Be Excluded as Unfairly Prejudicial “The term ‘unfair prejudice,’ as to a criminal defendant, speaks to the capacity of some concededly relevant evidence to lure the factfinder into declaring guilt on a ground different DOJ-OGR-00006698