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Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 34 of 69
motive to fabricate arose immediately after the supposed child-abuse, and thus statements made
to others, months or years later, wer
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 37 of 69
not charge Ms. Maxwell until later in its investigation (the “New York Investigation”). See Mot.
at 24. Contrary to the government’s
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 33 of 69
the Second Court explained, was to allow for such statements to be admitted "substantively as
well," rather than as non-substantive
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 32 of 69
choosing to be admitted, in any quantity or as to any topic. That's not the law. Because a
number of foundational prerequisites must
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 30 of 69
The identity of the lawyers for the accusers may also be the subject of cross examination.
The lawyers for the accusers have cooper
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 28 of 69
Ea 20
Any Reference to Her Should Be Excluded -- Eliminating the Need for a
Pseudonym or Other Artifice
Apparently, the government
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 29 of 69
Sixth Amendment guarantees the right of an accused in a criminal prosecution to be confronted
with the witnesses against her. The ri
:
The events that are the subject matter of the S2 Indictment are alleged to have occurred
decades ago. Thus, the witnesses are adults with established lives and careers.
SCS
Accordingly, cases invo
minors at the time of their testimony!*; and (3) alleged victims who demonstrated legitimate
safety concerns.”
'8 Mot. at 7 United States v. Corley, No. 13-CR-48 (AJN), 2016 WL 9022508, at *1 (S.D.N
B. The Government Has Failed to Carry its Burden to Establish the Extraordinary
Need to Use Fake Names
The government’s motion to use false names and suppress evidence from the public falls
short in
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 26 of 69
DOJ-OGR-00006443
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 22 of 69
DOJ-OGR-00006439
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 19 of 69
DOJ-OGR-00006436
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page17 of 69
DOJ-OGR-00006434
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 18 of 69
DOJ-OGR-00006435
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 12 of 69
C. The Court Should Reject the Government’s Attempts to Preview any Defense
Case or Cross Examination
Unless and until the prosecut
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 16 of 69
DOJ-OGR-00006433
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page11 of 69
These arguments are about things that have not occurred and may not occur. Ms.
Maxwell’s counsel understand the rules of evidence and
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 14 of 69
DOJ-OGR-00006431
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 13 of 69
DOJ-OGR-00006430
Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 10 of 69
to issues that are definitely set for trial, without lengthy argument at, or interruption of, the trial.”
(citation and internal quo
Case 1:20-cr-00330-PAE Document 439 Filed 11/12/21 Page 9 of 69
Ghislaine Maxwell herby submits her response to the Government’s Omnibus Motions in
Limine.
PRELIMINARY STATEMENT
The government’s se
Case 1:20-cr-00330-PAE Document 439 Filed 11/12/21 Page 7 of 69
United States v. Farhane, 634 F.3d 127 (2d Cir. 2011)... eee eeeceseeeeeseeesecnsecseesseeseesseesaeenaeenaeens 42
United States v. Flo
Case 1:20-cr-00330-PAE Document 439 Filed 11/12/21 Page 8 of 69
Yokohama Rubber Co. LTD v. Stamford Tyres Int'l PTE LTD, No. SA-CV-0700010-CJCMGLX,
2008 WL 11542955 (C.D. Cal, Feb, 19, 200K) s ascss
Case 1:20-cr-00330-PAE Document 439 Filed 11/12/21 Page 6 of 69
Nat'l Union Fire Ins. Co. v. LLE. Myers Co. Group et al., 937 F. Supp. 276 (S.D.N.Y. 1996)......2
Palmieri v. Defaria et al., 88 F.3d 1
Case 1:20-cr-00330-PAE Document 439 Filed 11/12/21 Page5of69
TABLE OF AUTHORITIES
Cases
Alford v. United States, 282 U.S. 687 (1931) ..eccecessesessseseeeseeesecnsecnsesaeeseesseesaeenaesaesaeesaeen
Case 1:20-cr-00330-PAE Document 439 Filed 11/12/21 Page 4of69
X]. S.A XWELL WAS THE PREVAILING
PARTY IN CIVIL LITIGATION BASED ON THE SAME FACTS AS THIS CRIMINAL
TRIAL, WHICH IS RELEVANT TO MS. MAXWE
Case 1:20-cr-00330-PAE Document 438-1 Filed 11/12/21 Page1of3
Exhibit A
DOJ-OGR-00006415
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 52 of 54
into thinking that victimization was in some way relevant to its evaluation of the defendant’s
mens rea.
Because the Government is aw
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 50 of 54
X. The Court Should Preclude the Defense from Making the Baseless Argument
that the Defendant Was a Victim of Jeffrey Epstein
In orde
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 49 of 54
power to misapply the law. Such verdicts are lawless, a denial of due process and constitute an
exercise of erroneously seized power.”
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 48 of 54
IX. The Court Should Preclude Evidence or Argument Sounding in Nullification
The defendant may attempt to offer evidence of aspects o
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 47 of 54
United States v. Castro, 813 F.2d 571, 575-76 (2d Cir. 1987)). But this doctrine “has never
required the admission of portions of a st
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 46 of 54
automatically admit his alternative explanation for his flight, insofar as he wishes to bring in his
out-of-court statements to others
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 43 of 54
404(b)(1) is designed to prohibit.” United States v. Dawkins, 999 F.3d 767, 792 (2d Cir. 2021)
(upholding exclusion of “testimony rega
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 42 of 54
on the victims for participating in the defendant’s crimes, embarrassing the victims and inviting
the jury to engage in stereotyping a
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 39 of 54
Minor Victim-6, including statements made by them, that testimony will not include any
statements by Minor Victim-5 or Minor Victim-6
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 38 of 54
the Federal Rules of Evidence contain extensive provisions governing the impeachment of
witnesses. Fed. R. Evid. 607-13. Rule 806 also
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 32 of 54
Cir. 2017) (summary order) (instructing jury that the “government is not on trial” is
“appropriate” (internal quotation marks omitted)
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 31 of 54
(2d Cir. 2006) (summary order) (affirming a district court that sustained an objection during a
defense summation). Accordingly, issue
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 30 of 54
hearsay. See id. at 246 (majority op.) (charging decisions proper subjects for cross-examination
only “if otherwise admissible”); Hill
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 29 of 54
Dep’t of Justice, Office of Professional Responsibility Report, Dkt. No 293 Ex. A). Discussion
of those issues would be all the more c
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 27 of 54
automobile is deemed to be the possession of all passengers in the automobile unless the firearm
is found on the person of a particula
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 24 of 54
undue confusion and an unnecessary sideshow . . .”); United States v. Boyle, No. 08 Cr. 523
(CM), 2009 WL 5178525, at *3 (S.D.N.Y. Dec
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page19 of 54
rules allowing admission of prior consistent statements outside of the context of Rule
801(d)(1)(B) in order to rehabilitate a witness
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page 20 of 54
Similarly, the Sixth Circuit has found that a district court properly admitted evidence of prior
consistent statements that “rebutted
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page18 of 54
protecting victim identities outweighs the public interest in access to information because “the
public and press will be able to hear
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page16 of 54
Public disclosure of victim information is unnecessary. The defendant already knows the
true identity of all six Minor Victims, Witness
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page15of54
their testimony. Publicizing their names will subject them to unwanted attention at the time they
are testifying in a criminal sex abuse
Case 1:20-cr-00330-PAE Document 438 Filed 11/12/21 Page14 of 54
stigma. These details are “inflammatory” in light of the “nature of the conduct alleged.” Order
at 32, United States v. Raniere (May 6,