DOJ-OGR-00008180.jpg
Extracted Text (OCR)
Case 1:20-cr-00330-PAE Document516 Filed 11/21/21 Page8of17
records. 315 F.R.D. at 445. The Court would exclude Dr. Dietz’s diagnosis for much the same
reasons that court identified. First, the Defense has offered no evidence that diagnosis without
any in-person interview is a reliable and accepted method in Dr. Dietz’s field. /d. at 446.
Second, even if reliable, the opinion risks significant Rule 403 prejudice because the jury is
likely to overweigh Dr. Dietz’s diagnosis. /d. at 447. Expert testimony may not act as a vehicle
coe
to “offer[ ] a narrative history” of the case to the jury or to simply “‘regurgitate’ the evidence”
already available in the record. In re Fosamax Prod. Liab. Litig., 645 F. Supp. 2d 164, 192
(S.D.N.Y. 2009). Instead, jurors may consider the applicability of the halo effect based on
evidence in the record, including the anticipated testimony of multiple individuals that interacted
directly with Epstein.
Next, Dr. Dietz expects to testify that because victims of sexual assault often develop
post-traumatic stress disorder, they avoid situations and feelings that are likely to bring on
symptoms of PTSD, including contact with their abusers or wearing clothes gifted by their
abusers. Notice at 11. The Defense explains that this testimony is relevant because it would
mean that evidence of alleged victims interacting with Ms. Maxwell or Epstein after they have
allegedly been abused is probative of whether their allegations of abuse are credible. Def. Br. at
15-16. The Government argues that this opinion blames victims for their abuse, that it does not
fit the facts of this case because the abuse was not accomplished by physical force, and that Dr.
Dietz does not have a reliable basis for the opinion. Gov’t Br. at 23-25.
The Court will admit this opinion. Dr. Dietz’s notice includes several citations to studies
that link victims of sexual abuse to PTSD, which the Court finds to be a reliable basis for the
opinion. Notice at 11. The Government may of course cross-examine Dr. Dietz about contrary
research. The Government’s other two objections—that the opinion is victim blaming and that it
DOJ-OGR-00008180
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00008180.jpg |
| File Size | 721.2 KB |
| OCR Confidence | 94.4% |
| Has Readable Text | Yes |
| Text Length | 2,168 characters |
| Indexed | 2026-02-03 17:32:18.610717 |