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Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 46 of 84
No. S1 06 Cr. 34 (JFK), 2007 WL 1288597, at *1 (S.D.N.Y. May 1, 2007) (citing United States v.
Concepcion, 983 F.2d 369, 392 (2d Cir.
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 45 of 84
undertaken in furtherance of the charged conspiracy or be relevant to prove facts such as
Maxwell’s state of mind.” (id. at 26-27).
B
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 42 of 84
in their ability to investigate or move in limine. The Government’s Rule 404(b) notice—and this
brief—have been provided far in advanc
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 39 of 84
ee only highlights that this evidence does “not involve conduct any more
sensational or disturbing than the crimes with which [the de
Case 1:20-cr-00330-PAE Document 396 Filed 10/29/21 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 Jeffr
Case 1:20-cr-00330-PAE Document 396 Filed 10/29/21 Page4of8
The Government has proffered a number of exhibits that it apparently intends to
introduce at trial. It is difficult to assess the admissibi
Case 1:20-cr-00330-PAE Document 394 _ Filed 10/29/21 Page6of9
the “jury will convict for crimes other than those charged—or that, uncertain of guilt, it will
convict anyway because a bad person deser
Case 1:20-cr-00330-PAE Document 394 _ Filed 10/29/21 Page5of9
Under the Federal Rules, relevant evidence is generally admissible while irrelevant
evidence is categorically inadmissible. Fed. R. Evid.
Case 1:20-cr-00330-PAE Document 394 _ Filed 10/29/21 Page4of9
Ghislaine Maxwell moves to exclude any testimony or reference to an alleged “rape” by
Jeffrey Epstein.
FACTUAL BACKGROUND
Accuser-1’s a
Case 1:20-cr-00330-PAE Document 391 Filed 10/29/21 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 391 Filed 10/29/21 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 391 Filed 10/29/21 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 390 Filed 10/29/21 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 390 _ Filed 10/29/21 Page5of11
Defendant Ghislaine Maxwell (“Ms. Maxwell”) files this Motion in Limine to Exclude
Government Exhibit 52, an unauthenticated hearsay doc
Case 1:20-cr-00330-PAE Document 389 Filed 10/29/21 Page8of11
offenses is significantly outweighed by the risk of unfair prejudice, juror confusion, and undue
delay and should be excluded. See Fed. R.
Case 1:20-cr-00330-PAE Document 389 Filed 10/29/21 Page9of11
among the co-conspirators to cover up their crime after its commission) (discussing Grunewald
v. United States, 353 U.S. 391, 401-02, 404
Case 1:20-cr-00330-PAE Document 389 Filed 10/29/21 Page5of11
Id. at 24 (citing United States v. Halper, 590 F.2d 422, 430 (2d Cir. 1978). The Court did not
believe that a limiting instruction would b
Case 1:20-cr-00330-PAE Document 389 Filed 10/29/21 Page1of1i1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
S2 20 Cr. 330 (AJN)
V.
GHISLAINE MAXWELL,
Defenda
Case 1:20-cr-00330-PAE Document 388 Filed 10/29/21 Page9of14
Flight is, at most, circumstantial evidence of guilt and its probative value “depends upon
the degree of confidence with which four infere
Case 1:20-cr-00330-PAE Document 387 Filed 10/29/21 Page14of21
Ee The government’s error in including Accuser-3’s
allegations in the indictment does not somehow convert this evidence into proof of th
Case 1:20-cr-00330-PAE Document 387 Filed 10/29/21 Page13 of 21
allege three distinct episodes of alleged sexual abuse, in three different locations, involving three
separate accusers. The allegation
Case 1:20-cr-00330-PAE Document 387 Filed 10/29/21 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 also
Case 1:20-cr-00330-PAE Document 387 Filed 10/29/21 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 c
Case 1:20-cr-00330-PAE Document 387 Filed 10/29/21 Page10of21
prejudice pursuant to Rule 403; in addition, (4) at defendant’s request, the district court should
give the jury an appropriate limiting
Case 1:20-cr-00330-PAE Document 387 Filed 10/29/21 Page9of21
For the reasons stated below, the Court should not admit evidence related to Accuser-3 at
trial as evidence of the charged conspiracies or
Case 1:20-cr-00330-PAE Document 387 Filed 10/29/21 Page 8gof21
Accuser-3 was expected to testify at trial that “her swbhjective experience of these acts with a
much older man as traumatic, exploitati
Case 1:20-cr-00330-PAE Document 387 Filed 10/29/21 Page6of21
Accuser-3 were illegal. Indeed, referring to Accuser-3 in the indictment as “Minor Victim-3” is
entirely misleading — there is no evidence
Case 1:20-cr-00330-PAE Document 387 Filed 10/29/21 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 386-2 Filed 10/29/21 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 383 _ Filed 10/29/21 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 argum
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page 34 of 40
D. The Government Should Preclude Testimony from Case Agents About Irrelevant
Matters
The defense claims it needs to call case agen
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 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 irre
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 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 “
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 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 t
Case 1:20-cr-00330-PAE Document 383 Filed 10/29/21 Page 2 of 40
TABLE OF CONTENTS
PRELIMINARY STATEMENT. ............sscsscsscssssscsssssssssssscscsscsscesssscsssnesssssesssssscesscssnsssessessesees
Case 1:1GaSe A126 61ACRS3HbAImerPecementeea-6n FERS OGRW2d5/1 72020-2 PAGS 11 of 15
IN RE:
INVESTIGATION OF
JEFFREY EPSTEIN
f
ADDENDUM TO THE NON-PROSECUTION AGREEMENT.
IT APPEARING that the parti
Case 1:1Ga8P A126 GAGS SHBARnerPacemenieBe 6n FER BBRW2d5/1NaGtO AbdGe 6 of 15
sentenced not later than October 26, 2007. The United States has no
objection to Epstein self-reporting to begin serving
Case 1:1Ga8P A126 GAGS SHBARnerPacemeniaBe 6n FERS SBRV2d5/1 A068 @ GbdGe 7 of 15
By signing this agreement, Epstein asserts and certifies that each of these terms is
material to this agreement and i
Case 1:1Ga8P A126 GAGS SHBARerPacemeniaBe 6n FEBS BERW2d5/1 A098 G GbdGe 5 of 15
proposed agreements with the State Attomey’s Office prior to entering
into those agreements,
7. The United States sha
© Case 1:19aSe 21B6CAMS3HRAImerP acumenteeea-6n FERS BEGRY2d5/1Pa0¢E AdGe 2 of 15
IN RE:
INVESTIGATION OF
JEFFREY EPSTEIN
= 10
IT APPEARING that the City of Palm Beach Police Department and the Sta
Case 1:1Ga8P A126 6IACRSSHBARnerPacemeniaBe 6n FER BERW2d5/1NaGte GbAGe 1 of 15
COMPOSITE EXHIBIT A
NON-PROSECUTION AGREEMENT AND
ADDENDUM
DOJ-OGR-00005530
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 60 of 69
e the Indictment charged a conspiracy between Jeffrey Epstein and Ms. Maxwell during a
discrete time period;
e the charged conspiracy
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 48 of 69
D. Evidence and Argument About the Scope, Timeline, and Investigative Steps of
Prior Investigations Is Admissible
The government’s mo
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 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 Yo
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 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. Se
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 45 of 69
“TE]vidence is only excluded when its probative value is substantially outweighed by the
prejudice of jury confusion.” Jd. (emphasis i
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 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 addit
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 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 d
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 36 of 69
for admissibility. To the extent the government seeks a pretrial ruling that a// prior consistent
statements may be admitted after any
Case 1:20-cr-00330-PAE Document 380-1 Filed 10/29/21 Page 2 of3
hue
=j COHEN & GRESSER LLP Se
Christian R. Everdell
+1 (212) 957-7600
[email protected]
August 30, 2021
BY FIRST CLASS MAI