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Case 1:20-cr-00330-PAE Document516 Filed 11/21/21 Page7of17
specifically is inadmissible as a vehicle for factual narrative based on only limited written
records. /d. at 17.
The Court first concludes that Dr. Dietz’s general opinion on the existence of a
phenomenon called “the halo effect” is admissible. The testimony may be relevant to the jury’s
determination of Ms. Maxwell’s knowledge because it could explain how, for example, Ms.
Maxwell took actions that resulted in sexual abuse but without any intent or knowledge of that
result. The risk of improper sympathy or the suggestion of nullification can be addressed with a
limiting instruction.
The Court will, however, without a further showing by the Defense, likely preclude Dr.
Dietz from applying the halo effect to Epstein. In the notice, Dr. Dietz diagnoses Epstein with
“antisocial, narcissistic, borderline, and histrionic personality disorders” that “allowed him to use
his brilliance to manipulate people.” Notice at 6-7. Dr. Dietz never met or examined Epstein
but instead bases this opinion on documents that he reviewed, including media interviews of
Epstein, evidence from the Florida investigation of Epstein, and materials produced in this
litigation. Jd. at 6; Def. Br., Ex. 1 at 166-68. But neither Dr. Dietz nor the Defense has offered
support for the claim that this is a reliable means by which an expert in Dr. Dietz’s field would
diagnose an individual. Typically, federal courts admit an expert diagnosis of a personality
disorder only if the expert personally interviewed the diagnosed individual. F.g., Tchatat v. City
of New York, 315 F.R.D. 441, 445-47 (S.D.N.Y. 2016); United States v. Falcon, 245 F. Supp. 2d
1239, 1244 (S.D. Fla. 2003); see also Tardif'v. City of New York, 344 F. Supp. 3d 579, 600
(S.D.N.Y. 2018); O'Loughlin v. USTA Player Dev. Inc., No. 14 CV 2194 (VB), 2016 WL
5416513, at *5 (S.D.N.Y. Sept. 28, 2016). In Tchatat v. City of New York, for example, the court
precluded an expert’s diagnosis of antisocial personality disorder reached only on written
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Document Details
| Filename | DOJ-OGR-00008179.jpg |
| File Size | 708.8 KB |
| OCR Confidence | 93.6% |
| Has Readable Text | Yes |
| Text Length | 2,080 characters |
| Indexed | 2026-02-03 17:32:17.654657 |