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be N Ww ws Oo OY ~] oO WO a oO = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 LBI5SMAX2 sense to address this issue at th overlap on hearing. commit other bad acts it shou MS. the basis and th STERNHE THE COURT: Government's 7. Case 1:20-cr-00330-PAE Document 549-1 the 412 issues we will offering evidence or argument of Ms. the government what will speak to the defense. its opening papers relating to s wer MS. MOE: The concern here is what investigation. opening s law enforcement of Such evidence could only de fense called, tCatement, Yes, or if issue in this case. de and until they prof come through, as def And so, your Honor. Thank you. the defense has Evidence fFicer, fFense witnesses, fense should be precluded fer which victims interviewed during the course of the government's along those lines, if prof the specific concern is here and then Filed 12/17/21 Page 19 of 24 31 same tim M: We agree. So we will defer on that. In light of the take that up at the 412 The government argues that before Maxwell's failure to ld require the defense to proffer relevance of such evidenc Let me hear from flagged in tatements by other victims who fered in an asked about in cross-examination of a would be inappropriate and hearsay. come in at trial, if victims for that reason, from opening on who at all, if who were not your Honor, the ct at the this issue unless these statements would they would anticipate calling as defense witnesses at trial so the Court can assess whether that is SOUTH ERN D STR CT REPORT BRS, Pes (212) 805-0300 DOJ-OGR-00008413