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Case 1:20-cr-00330-PAE Document 465 Filed 11/15/21 Page 74 of 127 74 LB1TMAX3 1 respect to the issue of 17 or under 17, but more broadly, 2 think the question at trial will be about, among other things, 3 the defendant's knowledge of Jeffrey Epstein's preference for 4 very young girls. iS) THE COURT: Well, let's say this individual were 20, 6 is it direct evidence of the crimes being charged? 7 MS. MOE: Yes, your Honor, but for a different reason. 8 Under those circumstances, it would nonetheless be our 9 position, even if the victim were 18, 19 or 20, that the 10 defendant's specific conduct towards that victim proves other 11 aspects of the course of conduct. In other words, the 12 particular pattern -- 13 THE COURT: This seems to move into the email issue, 14 which I have excluded. That is to say, you wanted to put in 15 emails of the defendant setting up individuals with other 16 individuals over -- in some cases well over the age of consent, 17 and I have excluded that. So is there a basis for 18 distinguishing this here? 19 MS. MOE: Yes, your Honor, there certainly is for a 20 number of reasons. Here, the course of conduct is closely 21 intertwined. In other words, the defendant's interactions with 22 this victim closely mirror actions with other victims, for 23 example, introducing sexual topics in a slow and gradual way. 24 THE COURT: When you say "victim" there, do you mean 25 that in a legal sense? Becaus still want to understand the SOUTHERN DISTRICT REPORTERS, wG ws (212) 805-0300 DOJ-OGR-00007125