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Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 215 of 239
Epstein or the defendant.”)). In other words, the defendant again seeks supposedly exculpatory
evidence that does not exist. The d
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 213 of 239
these interviews constitute witness statements covered by the Jencks Act and are not subject to
disclosure by statute until after
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 209 of 239
apparent ability to understand who the three victims are from the productions, there is no real
concern that the defense will wast
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 207 of 239
Particulars are necessary only where indictment charges are ‘so general that they do not advise the
999
defendant of the specifi
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 206 of 239
minor girls to travel with the intent that they engage in sexual activity with Epstein, aiding and
abetting the transportation and
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 205 of 239
to particulars furnished,” it can “restrict unduly the Government’s ability to present its case.”
Henry, 861 F. Supp. at 1197; see
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 204 of 239
evidentiary details of its case’” (quoting United States v. Biaggi, 675 F. Supp. 790, 810 (S.D.N.Y.
1987)).
A bill of particulars
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 203 of 239
(denying bill of particulars request in stock fraud case where indictment was fifteen pages long
and substantial discovery had bee
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 202 of 239
necessary to the preparation of his defense, and to avoid prejudicial surprise at trial.” United States
v. Torres, 901 F.2d 205, 2
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 201 of 239
355 (“It is well established that ‘[w]hether to prosecute and what charge to file or bring before a
grand jury are decisions that
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 199 of 239
the Court will enter judgment on only one of the multiplicitous convictions.” (citations omitted));
United States v. Rivera, No. 0
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 198 of 239
dismissal of count as multiplicitous prior to trial, as such a determination before trial is “at best
premature”). Among other rea
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 197 of 239
a conspiracy, in violation of 18 U.S.C. § 371, to entice minors to travel with the intent to commit
an illegal sex act, in violati
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 196 of 239
403.”); United States v. McDarrah, 351 F. App’x 558, 563 (2d Cir. 2009) (affirming admission
pursuant to Rule 404(b) of defendant’
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 195 of 239
States v. Sliker, 751 F.2d 477, 487 (2d Cir. 1984). Here, the defendant’s specific and unique
approach to preparing minor girls to
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 193 of 239
“TE]vidence of uncharged criminal conduct is not evidence of ‘other crimes, wrongs, or acts’ under
Rule 404(b) if that conduct is
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 191 of 239
Accordingly, overt acts that may, on their own, be untimely can nevertheless serve as direct
evidence of the existence of a charge
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 190 of 239
Government further expects Minor Victim-3 will testify that Po
defendant’s intent, in her initial interactions with Minor Victim-
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 187 of 239
Murgio, 209 F. Supp. 3d at 724 (internal quotation marks omitted) (quoting United States v. Smith,
985 F. Supp. 2d 547, 610 (S.D.N
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 183 of 239
regarding how the defendant is alleged to have committed the crimes charged in Counts One
through Four. See Indictment 4 1-11. Ind
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 186 of 239
m
Applicable Law
“Although the Federal Rules of Criminal Procedure grant the Court authority to strike
surplusage from an indict
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 182 of 239
1838255, at *1, 4-6 (W.D.N.Y. May 8, 2014) (denying motion to dismiss indictment charging
enticement of a minor, in violation of 1
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 181 of 239
is particularly instructive here. See 386 F. Supp.3d at 366. In denying the motion to dismiss,
Judge Marrero found Stringer’s hold
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 180 of 239
asserts that the crimes charged in Counts One through Four require additional specificity without
citing any authority in support
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page179 of 239
is the “specification of what statements are alleged to be false, and in what respect they are false,
in charges of criminal falsit
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 178 of 239
of the indictment and draw inferences as to proof to be adduced at trial, for ‘the sufficiency of the
evidence is not appropriatel
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page177 of 239
VII. The Indictment Contains the Elements of Each Offense and Provides the Defendant
More Than Adequate Notice of the Charges Again
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page171 of 239
therein. See Broccolo, 797 F. Supp. at 1190-91 (joining counts involving use of businesses to
commit fraud with a count of falsely
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 172 of 239
in each indictment—to his personal profit); United States v. Brown, No. 07-0296, 2008 WL
161146, at *5 (E.D. Pa. Jan. 16, 2008) (s
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 170 of 239
consciousness of guilt, such as false exculpatory statements, may also tend to prove knowledge
and intent of a conspiracy’s purpos
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 169 of 239
massages that were part of the scheme, will also prove the falsity of the statements charged in
Count Six. Indeed, were severance
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 168 of 239
often will suffice to cure any risk of prejudice and permit joinder.” Page, 657 F.3d at 129 (internal
quotation marks omitted).
B
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 165 of 239
In sum, the defendant asks this Court to dismiss Counts Five and Six by stretching to read
ambiguity into clear questions and enco
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 162 of 239
The defendant is, of course, free to testify on her own behalf to her professed confusion or
otherwise argue to the jury that the
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 163 of 239
choices reflected in the criminal discovery rules.” Jd. Second, doing so “risks invading ‘the
inviolable function of the jury’ in
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 158 of 239
long as the question involves a phrase “which could be used with mutual understanding by a
questioner and answerer,” it is not fun
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 152 of 239
the victims specified in the Indictment about sexualized massages the victims provided to Epstein,
conduct that obviously predated
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 146 of 239
(Def. Mot. 4, Ex. H at 9). “That knowledge,” the Court explained, “goes directly to the truth or
falsity of the alleged defamation
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 144 of 239
trial record—that the questions were fundamentally ambiguous, and the defendant’s answers were
truthful and immaterial. (Def. Mot.
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 143 of 239
Government has responded with reliable information directly rebutting the defendant’s allegations,
there is no material issue of f
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 142 of 239
Franks, 438 U.S. at 171 (“To mandate an evidentiary hearing, the challenger’s attack must be more
than conclusory and must be supp
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 139 of 239
“misstatements” to Chief Judge McMahon and the extent of coordination between the USAO-
SDNY and Boies Schiller prior to the issua
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 136 of 239
“While the Constitution guarantees a fair trial through the Due Process Clauses . . . it defines the
basic elements of a fair tria
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 135 of 239
and held that it was a due process violation for the prosecutor to suggest that certain witnesses,
who had not testified at trial
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 134 of 239
b. Discussion
The defendant argues that the Due Process Clause requires the suppression of the evidence
the Government obtained p
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 133 of 239
investigatory conduct is very heavy, see United States v. Schmidt,
105 F.3d 82, 91 (2d Cir. 1997).
United States v. Rahman, 189 F
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 129 of 239
Contrary to the defendant’s argument (Def. Mot. 11 at 16), this case is distinguishable from
United States v. Oshatz, 700 F. Supp.
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 130 of 239
The defendant argues that Martindell “authorized her to give deposition testimony under
the shield of the Protective Order without
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 128 of 239
employer was required to warn her that it might produce the phone to the government, even
assuming arguendo that that employer’s a
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 125 of 239
to produce documents, the contents of which are not privileged, where the act of production is,
itself, (1) compelled, (2) testimo