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Case 1:20-cr-00330-PAE Document 311-2 Filed 07/02/21 Page3of4
XJ49HGIS SEALED - DO NOT DOCKET
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Case 1:20-cr-00330-PAE Document 311-1 Filed 07/02/21 Page 21 of 23
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Case 1:20-cr-00330-PAE Document 311-1 Filed 07/02/21 Page 17 of 23
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Case 1:20-cr-00330-PAE Document 311-1 Filed 07/02/21 Page 18 of 23
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because I
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Case 1:20-cr-00330-PAE Document 311-1 Filed 07/02/21 Page 16 of 23
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Xj3qlgra SEALED
sign, which is, you can disclose it without the
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Case 1:20-cr-00330-PAE Document 311-1 Filed 07/02/21 Page 15 of 23
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THE COURT: C
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Case 1:20-cr-00330-PAE Document 311-1 Filed 07/02/21 Page 14 of 23
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materials" as “information that is confidential and implicates
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Case 1:20-cr-00330-PAE Document 311-1 Filed 07/02/21 Page 9 of 23
Xj3qligra SEALED
to do that. And.I hope it's not me. But --
MR. ROSSMILLER: And
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_ Case 1:20-cr-00330-PAE Document 311-1 Filed 07/02/21 Page 4 of 23
Xj3qlgra SEALED
to be re-legended and it's going to get a miscellaneous docket
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Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 76 of 80
otherwise cooperating with the government to his detriment, due process requires that
the prosecutor's promise be fulfilled). In lig
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 75 of 80
enforcement of the non-prosecution agreement with the police. This Court found that the
non-prosecution agreement was invalid, becau
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 73 of 80
do just that, D.A. Castor made no attempt in 2005 or in any of the ten years that followed
to remedy any misperception or to stop Co
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 64 of 80
“this decision” is possible only when this sentence is read in isolation.2° The court ignored
what came before and after, omitting a
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 63 of 80
circumstances, implicated Cosby’s due process rights, former D.A. Castor’s post-hoc
attempts to explain or characterize his actions
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 61 of 80
An entirely different situation arises when the decision not to prosecute is
unconditional, is presented as absolute and final, or i
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 59 of 80
There is no doubt that promises made during plea negotiations or as part of fully
consummated plea agreements differ in kind from th
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 58 of 80
rather than on contract law principles. Government of Virgin Islands v. Scotland, 614
F.2d 360 (3d Cir. 1980), is instructive. In th
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 5/7 of 80
Pennsylvania State Police that he or she was subject to the intervening statute and thus
had to comply with the new obligations und
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 55 of 80
sentenced Zuber accordingly. However, because the law requires that “back time”
sentences and new sentences be served consecutively,
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 56 of 80
the point at which Zuber would have been eligible for parole had the original bargain been
enforceable by law. /d. at 446.
Interact
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 53 of 80
For the reasons detailed below, we hold that, when a prosecutor makes an
unconditional promise of non-prosecution, and when the defe
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 54 of 80
to prosecute a case”); Stipetich, 652 A.2d at 1295 (noting that “the ultimate
discretion to file criminal charges lies in the distri
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 50 of 80
law, .. . appellate courts have the power to draw their own inferences and make their own
deductions and conclusions.” /n re Pruner'
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 47 of 80
The decisions below, barring prosecution of the Stipetiches, embodied
concern that allowing charges to be brought after George Stipe
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 49 of 80
credibility issues, and the absence of direct or corroborative proof by which to substantiate
her claim, led the district attorney t
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 46 of 80
National Enquirer on the details of its published interview with Cosby, and that Attorney
Schmitt negotiated a term of the settlemen
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 44 of 80
use of the same with the [prior bad acts] witnesses, were essential to resolving the
otherwise he-said-she-said nature of [Constand’
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 19 of 80
complete intent to bind the Commonwealth that anything Cosby said in the
civil case could not be used against him, thereby forcing h
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 14 of 80
light. The District Attorney encourages the parties to resolve their dispute
from this point forward with a minimum of rhetoric.
Pr
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 12 of 80
defects in the case, that the case could not be won and that | was going to
make a public statement that we were not going to charge
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 11 of 80
were illegal and included discussions that could be interpreted as attempts by Constand
and her mother to get Cosby to pay Constand
Case 1:20-cr-00330-PAE Document 310 Filed 07/02/21 Page1of3
800 Third Avenue
New York, NY 10022
COHEN & GRESSER LLP +1 212.957 7600 phone
www.cohengresser.com
Christian R. Everdell
+1 (212) 957-760
Case 1:20-cr-00330-PAE Document 309 _ Filed 07/01/21 Page2of3
Honorable Alison J. Nathan
July 1, 2021
Page 2
Mr. Markus has made multiple statements to the media in the past few months.” On May
11,
Case 1:20-cr-00330-PAE Document 309 _ Filed 07/01/21 Page3of3
Honorable Alison J. Nathan
July 1, 2021
Page 3
in this case: the Op-Ed was published in a local newspaper, and it contained an express o
Case 1:20-cr-00330-PAE Document 309 _ Filed 07/01/21 Page1of3
U.S. Department of Justice
United States Attorney
Southern District of New York
The Silvio J. Mollo Building
One Saint Andrew's Plaza
N
Case 1:20-cr-00330-PAE Document307 Filed 06/25/21 Page19of 21
The Court thus finds that Maxwell has not made a substantial preliminary showing under
either prong of Franks, and thus that she is not e
Case 1:20-cr-00330-PAE Document307 Filed 06/25/21 Page18 of 21
prosecutors. As the Court has explained above, this is consistent with the Second Circuit’s
statement that a protective order “provides
Case 1:20-cr-00330-PAE Document307 Filed 06/25/21 Page16of21
deliberately or recklessly misrepresented facts to Judge McMahon. Second, she must make a
substantial preliminary showing that Judge McMah
Case 1:20-cr-00330-PAE Document307 Filed 06/25/21 Page15of21
Although Maxwell relied on Franks in her opening brief, she argues in reply that she
need not satisfy that standard. See Dkt. No. 134, at
Case 1:20-cr-00330-PAE Document307 Filed 06/25/21 Page12 of 21
Williams, 467 U.S. 431, 446 (1984); United States v. Leon, 468 U.S. 897, 922 (1984). The Court
agrees that, at the very least, the excep
Case 1:20-cr-00330-PAE Document307 Filed 06/25/21 Page11of21
protective order. /d. And if confidential materials turn out to be relevant to a court’s ruling,
Second Circuit precedent creates a strong
Case 1:20-cr-00330-PAE Document 307 Filed 06/25/21 Page8gof21
inculpatory. Fisher, 425 U.S. at 410-11. This is no such case. The existence of deposition
transcripts in Maxwell’s civil case is not inc
Case 1:20-cr-00330-PAE Document 307 Filed 06/25/21 Page/7of21
or modified by another court in another proceeding. /d. A civil protective order may (as here)
be limited by its terms to pretrial procee
Case 1:20-cr-00330-PAE Document 307 Filed 06/25/21 Page6of21
A. The Government did not violate Maxwell’s right against self-incrimination
The Fifth Amendment provides that “[n]o person . . . shall b
Case 1:20-cr-00330-PAE Document 307 Filed 06/25/21 Page5of21
Second Circuit later held that the court in the civil case withheld far too many documents from
public view and ordered that many of them
Case 1:20-cr-00330-PAE Document 307 Filed 06/25/21 Page4of21
a protective order to the Government absent a formal motion or subpoena. It further held that a
court should modify a protective order tha
Case 1:20-cr-00330-PAE Document 307 Filed 06/25/21 Page3of21
Following entry of the protective order, Maxwell testified in two depositions in the civil
case. The parties designated the depositions as
Case 1:20-cr-00330-PAE Document 307 Filed 06/25/21 Page1of21
Uspc SDNY
DOCUMENT
ELECTRONICALLY FILED
UNITED STATES DISTRICT COURT HOCH
SOUTHERN DISTRICT OF NEW YORK DATE FILED: _6/25/2021_|
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Case 1:20-cr-00330-PAE
L4TPDAYS
arrested or even questioned by a law ent
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Document 300
your probation of
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Case 1:20-cr-00330-PAE
L4TPDAYS
statutory maximum of
40 years'
four years to a maximum term of
Document 300
imprisonment,
Filed 06/15/21 Page 7 of 32 3
a minimum term of
lif
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