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Case 1:20-cr-00330-PAE Document 449 _ Filed 11/12/21 Page5of8
Government Exhibit 313 purports to be a photograph of Ms. Maxwell, purportedly seized
from a DVD disk in a binder found on a shelf in Jef
Case 1:20-cr-00330-PAE Document 449 _ Filed 11/12/21 Page4of8
The Government has proffered a number of exhibits that it apparently intends to
introduce at trial. It is difficult to assess the admissi
Case 1:20-cr-00330-PAE Document 446 Filed 11/12/21 Page6of11
In approximately April 2006 the investigation was concluded. According to the police
reports, the investigating detectives believed that t
Case 1:20-cr-00330-PAE Document 446 Filed 11/12/21 Page7of1i1
the package did not match the item. Simply stated, the evidence collection and retention in this
matter is an unreliable mess.
A. Messag
Case 1:20-cr-00330-PAE Document 446 Filed 11/12/21 Page5of11
identified a blonde woman as being at the residence. (Ms. Maxwell is not blonde and has never
had blonde hair.)
Officer J. according to t
Case 1:20-cr-00330-PAE Document 445 Filed 11/12/21 Page6of11
The provenance of the exhibit is particularly troubling. The document compilation
allegedly surfaced in connection with a former Epstein e
Case 1:20-cr-00330-PAE Document 445 Filed 11/12/21 Page5of11
Defendant Ghislaine Maxwell (“Ms. Maxwell”) files this Motion in Limine to Exclude
Government Exhibit 52, an unauthenticated hearsay docum
Case 1:20-cr-00330-PAE Document 444 _ Filed 11/12/21 Page14of21
es
i
|
ee
_______=—séz~#@z___———___|
L_rrrtrti“(‘(;w..LLLLTLTCwdY The government’s error in including Accuser-3’s
allegations in the i
Case 1:20-cr-00330-PAE Document 444 _ Filed 11/12/21 Page13 of 21
allege three distinct episodes of alleged sexual abuse, in three different locations, involving three
separate accusers. The allegati
Case 1:20-cr-00330-PAE Document 444 _ Filed 11/12/21 Page12 of 21
should not be admitted as evidence of the conspiracies. See Cummings, 60 F. Supp. 3d at 437
(quoting Bagaric, 706 F.2d at 64); see al
Case 1:20-cr-00330-PAE Document 444 _ Filed 11/12/21 Page11of21
II. Evidence Related to Accuser-3 Is Not Proof of the Charged Conspiracies
Accuser-3’s allegations, which pertain only to the Mann Act
Case 1:20-cr-00330-PAE Document 444 _ Filed 11/12/21 Page10of21
prejudice pursuant to Rule 403; in addition, (4) at defendant’s request, the district court should
give the jury an appropriate limitin
Case 1:20-cr-00330-PAE Document 444 Filed 11/12/21 PageQ9of21
For the reasons stated below, the Court should not admit evidence related to Accuser-3 at
trial as evidence of the charged conspiracies o
Case 1:20-cr-00330-PAE Document 444 Filed 11/12/21 Page8gof21
Accuser-3 was expected to testify at trial that “her swbhjective experience of these acts with a
much older man as traumatic, exploitativ
Case 1:20-cr-00330-PAE Document 444 _ Filed 11/12/21 Page6of21
Accuser-3 were illegal. Indeed, referring to Accuser-3 in the indictment as “Minor Victim-3” is
entirely misleading — there is no eviden
Case 1:20-cr-00330-PAE Document 444 Filed 11/12/21 Page5of21
Ghislaine Maxwell respectfully moves in limine to exclude evidence related to
Accuser-3! because it is not probative of the charged conspi
Case 1:20-cr-00330-PAE Document 443-2 Filed 11/12/21 Page5of12
Lisa Marie Rocchio, Ph.D. 4
International Society for the Study and Treatment of Trauma and Dissociation
(ISSTD)
2004 Continuing Educat
Case 1:20-cr-00330-PAE Document 440 Filed 11/12/21 Page 37 of 40
offenses are negated by a consent defense. (See Gov’t Mot. at 39-40). Accordingly, there is no
basis to offer evidence or make argumen
Case 1:20-cr-00330-PAE Document 440 Filed 11/12/21 Page 34 of 40
D. The Government Should Preclude Testimony from Case Agents About Irrelevant
Matters
The defense claims it needs to call case agents
Case 1:20-cr-00330-PAE Document 440 Filed 11/12/21 Page 33 of 40
Victim-4 on the substance of her earlier statements to the FBI. Whether those statements translated
into a charging decision is irrele
Case 1:20-cr-00330-PAE Document 440 Filed 11/12/21 Page 29 of 40
would not have to stretch for cases about Brady disclosures from other circuits. See Bowen, 799
F.2d at 613 (referring simply to a “co
Case 1:20-cr-00330-PAE Document 440 Filed 11/12/21 Page 30 of 40
theoretical relevance this could have. That problem is only compounded by the fact that, if the
defense wishes to try to show that the
Case 1:20-cr-00330-PAE Document 440 Filed 11/12/21 Page 2 of 40
TABLE OF CONTENTS
PRELIMINARY STATEMENT. ............sscsscsscssssscsssssssssssscscsscsscesssscsssnesssssesssssscesscssnsssessessesees
Case 1:1GaSe- A126 61ACRS3HbAMmerPece Mente ea-6n FERS b4Ge2d5/172920-2 PAS 11 of 15
IN RE:
INVESTIGATION OF
JEFFREY EPSTEIN
f
ADDENDUM TO THE NON-PROSECUTION AGREEMENT.
IT APPEARING that the part
Case 1:1Ga8P A126 GAGS SHBARnerPacemenictee-6n FERS B6Geeds5/1 Nat” GdGe 6 of 15
sentenced not later than October 26, 2007. The United States has no
objection to Epstein self-reporting to begin servi
Case 1:1Ga8P A126 6ACRSSHBARnerPacemenictee-6n FERS B6Ge/e2d5/1 A908 GbdGe 7 of 15
By signing this agreement, Epstein asserts and certifies that each of these terms is
material to this agreement and
Case 1:1Ga8P A126 GAGS SHBARnerPacementcetee-6n FERS B6Ge/2d5/1 A908 GbdGe 5 of 15
proposed agreements with the State Attomey’s Office prior to entering
into those agreements,
7. The United States s
© Case 1:16aSe 21B6CAMS3HRAmerPacumentctéa-6n FERS B6cke2d5/1Pa0¢E AdGe 2 of 15
IN RE:
INVESTIGATION OF
JEFFREY EPSTEIN
= 10
IT APPEARING that the City of Palm Beach Police Department and the State
Case 1:1Ga8P A126 GAGS SHBARerPacemenictee-6n FERS BaGeeds5/1 Nate bdGe 1 of 15
COMPOSITE EXHIBIT A
NON-PROSECUTION AGREEMENT AND
ADDENDUM
DOJ-OGR- 00006492
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 60 of 69
e the Indictment charged a conspiracy between Jeffrey Epstein and Ms. Maxwell during a
discrete time period;
e the charged conspira
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 48 of 69
D. Evidence and Argument About the Scope, Timeline, and Investigative Steps of
Prior Investigations Is Admissible
The government’s
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 46 of 69
ae once mentioned Ms. Maxwell.”* See 3505-005. Instead, she told Special
Agent iS that (|) i would call her on the phone from
New Y
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 47 of 69
interviews, i went even further, claiming that Ms. Maxwell saw her naked several
times and even fondled gM breasts on one occasion.
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 45 of 69
“TE]vidence is only excluded when its probative value is substantially outweighed by the
prejudice of jury confusion.” Jd. (emphasis
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 42 of 69
ES With Epsicin dead, the
media focus shifted immediately to Ms. Maxwell who was vilified as Epstein’s principal
accomplice. In add
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 39 of 69
Accordingly, the Florida Investigation will already be a central part of the case presented
to the jury. It will not be confusing or
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 36 of 69
for admissibility. To the extent the government seeks a pretrial ruling that a// prior consistent
statements may be admitted after a
Case 1:20-cr-00330-PAE Document 438-1 Filed 11/12/21 Page2of3
hue
=j COHEN & GRESSER LLP Se
Christian R. Everdell
+1 (212) 957-7600
[email protected]
August 30, 2021
BY FIRST CLASS MAIL
Case 1:20-cr-00330-PAE Document 438-1 Filed 11/12/21 Page3of3
U.S. Department of Justice
August 30, 2021
Page 2
(AJN)). We request testimony from i and i concerning the
scope, timeline, and resoluti
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 51 of 54
Accordingly, the Court should require the defense to make an offer of proof before
permitting any questioning or argument alleging tha
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 45 of54
testimony by a case agent, is inadmissible hearsay. While the defendant has no burden to put on
a defense case, she can only introduce
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 41 of 54
Cir. 1986) (“[C]onsent is a defense to kidnapping but not to a Mann Act charge . . . .”); United
States v. Rivera, No. 13 Cr. 149 (KAM
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 44 of 54
defendant has emphasized these witness statements, and claimed that they are exculpatory. (See,
e.g., Mem. of Law, Dkt. 138 at 7-11; L
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 40 of 54
the evidence in support of such a defense would be legally insufficient.” (citation and internal
quotation marks omitted)); United Sta
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 37 of54
reasons for the prosecution have no bearing whatsoever on the jury’s proper function. If the
facts gave rise to a viable claim of impro
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 36 of 54
v. Armstrong, 517 U.S. 456, 463 (1996) (“[S]o long as the prosecutor has probable cause to
believe that the accused committed an offen
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 34 of 54
about numerous witness interviews they conducted, physical evidence they reviewed, documents
they obtained by subpoena,” and their act
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 28 of 54
Second, even if the decision of whether to charge the defendant in 2008 or 2019 had
some minimal relevance, it would be substantially
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 26 of 54
after 2019, including testimony from two of the Minor Victims, any connection between the
evidentiary background of the USAO-SDFL’s ch
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 25 of 54
2. Discussion
The defense should be precluded from offering evidence or making arguments about (1)
the fact that the USAO-SDFL entere