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Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 23 of 54
A. The Court Should Not Permit the Defense to Elicit Evidence About Charging
Decisions or Possible Reasons for Them
1. Applicable Law
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 22 of 54
investigation into Epstein and his co-conspirators, leading to a 2019 indictment against Epstein
and a 2020 indictment against the def
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 21 of 54
recently fabricated their allegations about the defendant. See Tome, 513 U.S. at 159, 167
(holding that the Rule “permits the introduc
Case 1:20-cr-00330-AJN Document 429 Filed 11/09/21 Page 1 of 2
LAW OFFICES OF BOBBI C. STERNHEIA\
212-243-1100 * Main 225 Broadway, Suite 715
917-912-9698 ° Cell New York, NY 10007
888-587-4737 ° Fa
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Case 1:20-cr-00330-PAE Document 427 Filed 11/09/21 Page3of16
Draft Pre-Voir Dire Remarks — November 8, 2021
United States v. Maxwell, 20cr330
Preliminary Remarks Prior to Voir Di
Case 1:20-cr-00330-PAE Document 424-1 Filed 11/08/21 Page15of15
Comey, Moe, Pomerantz and Rohrbach
November 1, 2021
Page 14
H. Jennifer Naso
Ms. Naso is a Forensic Document Examiner who worked for
Case 1:20-cr-00330-PAE Document 424-1 Filed 11/08/21 Page14of15
Comey, Moe, Pomerantz and Rohrbach
November 1, 2021
Page 13
the limits to the information that can be gleaned from the metadata. Mr. K
Case 1:20-cr-00330-PAE Document 423 Filed 11/08/21 Page10of11
Page 10
compromised. (See, e.g., Dkt. 282 at 2 (finding “nothing in the record plausibly establishes that
current protocols interfere wi
Case 1:20-cr-00330-PAE Document 418-1 Filed 11/08/21 Page 13 of 14
Comey, Moe, Pomerantz and Rohrbach
November 1, 2021
Page 13
the limits to the information that can be gleaned from the metadata. Mr
Case 1:20-cr-00330-PAE Document 418-1 Filed 11/08/21 Page 14 of 14
Comey, Moe, Pomerantz and Rohrbach
November 1, 2021
Page 14
H. Jennifer Naso
Ms. Naso is a Forensic Document Examiner who worked f
Case 1:20-cr-00330-PAE Document 419 Filed 11/08/21 Pagelof2
LAW OFFICES OF BOBBI C. STERNHEIA\
212-243-1100 * Main 225 Broadway, Suite 715
917-912-9698 ° Cell New York, NY 10007
888-587-4737 ° Fax b
Case 1:20-cr-00330-PAE Document 417 Filed 11/08/21 Pagelof2
USDC SDNY
UNITED STATES DISTRICT COURT DOCUMENT
SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED
DOC #:
DATE FILED: 11/6/21
United Stat
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 78 of 93
Limiting Instruction — Similar Act Evidence Commented [CE95]: The defense renews its objection to
admission of any 404(b) or other a
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 74 of 93
Time of Offense
uu will not t the indictm: es that imes were committed on bout
in dates. The government must prove beyond a rea: b
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 72 of 93
Venue
[Tf requested by defense]
With respect to each of the counts in the indictment, you must also consider the issue of
venue, na
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 58 of 93
is sufficient as long as all of you find that at least one overt act was committed by one of the
conspirators-in-furtheranee-of the
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21
Counts One, Three and Five: Conspiracy to Violate Federal Law — The Elements
To prove the defendantMs. Maxwell guilty of the crime of conspiracy,
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 45 of 93
Counts One and Three and Five: Conspiracy to Violate Federal Laws— Conspiracy and
Substantive Counts Commented [CE59]: The defense o
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 39 of 93
Count Six: Sex Trafficking of a Minor — Fourth Element
The fourth and final element of Count Six which the government must prove be
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21
Count Six: Sex Trafficking of a Minor — Third Element
The third element of Count Six which the government must prove beyond a reasonable
doubt is
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 26 of 93
Count Four: Transportation of a Minor to Engage in Illegal Sexual Activity — The Elements
In order to prove he defendants. Maxwell g
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 27 of 93
Count Four: Transportation of a Minor to Engage in Illegal Sexual Activity — First Element
The first element of Count Four which the
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 19 of 93
Count Two: Enticement to Engage in Illegal Sexual Activity- The Elements he : a
Commented [CE21]: The defense objects to the inclus
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21
Count Two: Enticement to Engage in Illegal Sexual Activity — First Element
The first element of Count Two which the government must prove beyond a
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 18 of 93
\Count Two: Enticement to Engage in an Illegal Sexual Activity — The Statute __—/ Commented [CE17]: The defense objects to beginning
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 17 of 93
Multiple Counts
As I mentioned, the Indictment contains six counts. Each count charges he
defendants. Maxwell with a different crim
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 16 of 93
these changes, see proposed edits to Count Two — Elements
can be charged with a criminal offense.| Count Four relates to Minor Vict
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 14 of 93
The Indictment
The defendant, GHISLAINE MAX WEELGhislaine Maxwell, has been formally charged
in what is called an “Indictment.” As
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 11 of 93
Presumption of Innocence and Burden of Proof
The law presumes the defendant to be innocent of all charges against her. She-Ms__
Max
_ Case 1:20-cr-00330-PAE Document 406 Filed 11/02/21 Page 1 of 6
a U.S. Department of Justice
United States Attorney
Southern District of New York
The Silvio J. Mollo Building
One Saint Andrew's Pla
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Case 1:20-cr-00330-PAE Document 404 _ Filed 11/02/21 Page2of6
Draft Pre-Voir Dire Remarks — November 2, 2021
United States v. Maxwell, 20cr330
Preliminary Remarks Prior to Voir D
Case 1:20-cr-00330-PAE Document 399 _ Filed 10/29/21 Page2of4
Page 2
Defense Justification
The defense proposes a more limited set of redactions than the government. To the extent
that the governme
__ Case 1:20-cr-00330-PAE Document 399 Filed 10/29/21 Page1of4
U.S. Department of Justice
United States Attorney
Southern District of New York
The Silvio J. Mollo Building
One Saint Andrew’s Plaza
N
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travel from New Jersey to the Bronx, New York, where he held her
against her will inside his apartment.
(Title 18, United State
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
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CLAUDIUS ENGLISH,
a/k/a “Jay Barnes,“
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AME
Case 1:20-cr-00330-PAE Document398 _ Filed 10/29/21 Page 44 of 52
United States v. Graham, No. 14 Cr. 500 (NSR), 2015 WL 6161292, at *1 (S.D.N.Y. Oct. 20,
2015) (same).
Finally, whatever minimal pro
Case 1:20-cr-00330-PAE Document398 _ Filed 10/29/21 Page 43 of 52
(S.D.N.Y. May 1, 2007) (defendant’s prior narcotics and firearm transactions with the same
confidential informant not “inextricably i
Case 1:20-cr-00330-PAE Document398 _ Filed 10/29/21 Page 42 of 52
As evidenced by their recently disclosed interviews, the government lawyers, despite its
protests about the defense's ability to call
Case 1:20-cr-00330-PAE Document398 _ Filed 10/29/21 Page 34 of 52
NS. See id. at 49-50. According to
the government, “all that is required” for ME evidence to be admissible as direct
evidence of the
Case 1:20-cr-00330-PAE Document 398 _ Filed 10/29/21 Page 32 of 52
The very case the government cites in support of their position, United States v. Curley,
639 F.3d 50 (2d Cir. 2011), affirmed the d
Case 1:20-cr-00330-PAE Document 398 _ Filed 10/29/21 Page 31 of 52
404(b) (id. at 46-47), (3) her evidence is “intrinsic” proof of the charged conspiracies and
necessary to “complete the story” of th
Case 1:20-cr-00330-PAE Document398 _ Filed 10/29/21 Page 21 of 52
C. Ms. Maxwell reiterates her request to defer briefing and ruling on the
admissibility 0f tt ES and exhibits for two
weeks.
For the
Case 1:20-cr-00330-PAE Document398 _ Filed 10/29/21 Page 20 of 52
amendment to, and an impermissible variance of, the Indictment. As this Court previously has
ruled:
"To prevail on a constructive am
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 83 of 84
such evidence in its case-in-chief, unless the defendant opens the door to this evidence or otherwise
puts it at issue at trial. Furth
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 55 of 84
the elements of the crimes the Court provides them, so any assumptions the jury might make about
United Kingdom law are irrelevant.!4
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 52 of 84
and knew that Epstein used massage to initiate sexual contact with minor girls. Minor Victim-3’s
testimony shows the defendant’s inten
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 49 of 84
previous plans with Ferro to import narcotics ... was evidence of ‘other crimes’... . [I]t
corroborated the charge that Ferro and Romer
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 50 of 84
massages were sexualized, evidence that she did so in the case of Minor Victim-3—at roughly the
same time as Epstein was abusing Minor
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 47 of 84
corroborative of the accounts of the other Minor Victims. It is also direct evidence of the operation
of the conspiracy that is probat