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Case 1:20-cr-00330-PAE Document 549-1 LBI5SMAX2 Filed 12/17/21 Page 21 of 24 33 1 conspiracy and so forth. So it is our position that if they 2 open the door to evidence about anyone other than these four 8 then we would, likewise, be able to talk about the fact that 4 those other individuals were interviewed by the government and 5 said that Ms. Maxwell is not involved, was not there, and was 6 not a part of the activities that they're talking about. None 7 of the cases that the government cited had to do with a 8 co-conspirator. The evidence was just because a defendant did 9 not act in conformity with the charged conduct on a separate 10 occasion, couldn't be set forth by the defense. 11 THE COURT: Do you agree with that principle? 12 MS. MENNINGER: Yes, your Honor. If it is good 13 character evidence, generally I understand the rules of vidence wouldn't apply, but what we have here is a 10-year 15 charged conspiracy with an intent by the government to allude 16 to other individuals. To the extent they try to put on 17 evidence in the form of message pads or other types of evidence 18 that refer to other people, then I think we have the ability to 19 confront that evidence with the fact that Ms. Maxwell was 20 reported by those individuals not to have been involved. al THE COURT: Ms. Moe? 22 MS. MOE: Thank you, your Honor. 23 The government agrees that this issue can be deferred 24 until trial unless and until this becomes an issue, provided 25 the defense counsel doesn't intend to open on this issue. SOUTHERN LD STRICT REPORTERS, P.C. (212) 8 05-0300 DOJ-OGR-00008415