Browse by Document Type
Other (98,409 documents)
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21
Credibility of Witnesses — Impeachment by Prior Inconsistent Statement
[Tf applicable]
You have heard evidence that a witness made a statement on
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 68 of 93
this trial, then you should bear that factor in mind when evaluating the credibility of his or her
testimony and accept it with grea
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 70 of 93
Commented [CE86]: The defense objects to this
instruction in its entirety It is confusing: it lessens the
govemment’s constitutional
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 67 of 93
Credibility of Witnesses
You have had the opportunity to observe the witnesses. It is your job to decide how
believable each witnes
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 65 of 93
Inferences
During the trial, and as I give you these instructions, you have heard and will hear the
term “inference.” For instance,
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 66 of 93
may you use evidence that I have instructed you was admitted for a limited purpose for any
inference beyond that limited purpose.
I
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21
Statute of Limitations
There is a limit on how much time the Government has to obtain an indictment. Counts
Two, Four, Five, and Six are timely—t
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 64 of 93
Adapted from the charge of the Hon. Alison J. Nathan in United States
v. Jones, 16 Cr. 553 (AJN) and in United States v. Pizarro, 17
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 61 of 93
dopcetieremeriwvers ade bi somsernesporyeuderetiine te hese bese ember et
the conspiracy, orf they were not in furtherance of the c
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 59 of 93
Commented [CE82]: The fourth element is consistent with
The fourth, and final, element which the Government must prove beyond a rea
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 5/7 of 93
Counts One, Three, and Five Two: Conspiracy to Violate Federal Law — Third Element
The third element that the government must prov
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 60 of 93
or partners of one another in carrying out the conspiracy.
determini tual issues before you, you onsider agai Ss. Ww
acts or state
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 55 of 93
provided she was herself a participant.
I want to caution you, however, that Ms. Maxwell’s the defendant’smere presence at the
scen
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 54 of 93
alleged to have taken place involving Ms. Maxwell +he-defeadentor in her presence. You may
consider this evidence in determining whe
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 56 of 93
unlawful agreement—that is to say, she becomes a conspirator.
Adapted from Sand, et al., Modern Federal Jury Instructions, Instr.
1
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 53 of 93
Counts One, Three, and Five: Conspiracy to Violate Federal Law — Second Element:
Membership in the Conspiracy
With respect to each
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 52 of 93
Counts One and Three to be viminal. the sets individual must have been under the age
of consent in the jurisdiction where the sex ac
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 51 of 93
Counts One, Three, and Five: Conspiracy to Violate Federal Law — First Element: Object
of the Conspiracy
Count One charges the defe
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 50 of 93
(DLC). See also United States v. Rea, 958 F.2d 1206, 1214 (2d Cir.
1992) (“In order to prove conspiracy, the government need not
pre
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 49 of 93
Commented [CE67]:
and moved after the elements of conspiracy This is
See United States v. Pizarro, 17 Cr 151 (AJN)
Commented [RA(68
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 47 of 93
Counts One, Three, and Five: Conspiracy to Violate Federal Law — First Element
Starting with the first element, what is a conspirac
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 48 of 93
circumstantial evidence. The old adage, “Actions speak louder than words,” applies here. Often,
the only evidence that is available
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21
charged, and that Ms. Maxwellthe defendant aided, abetted, counseled, commanded, induced or
procured that person to commit the crime.
As you can
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 41 of 93
Counts Two, Four, and Six: Aiding and Abetting
In connection with the crimes charged in Counts Two, Four, and Six, the defendant is
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21
Counts One and Three and Five: Conspiracy to Violate Federal Laws— The Statute
The relevant statute for Counts One, Three, and Five is Title 18,
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 43 of 93
2. Did Ms. Maxwell the defendant knowingly and willfully associate herself with the
criminal venture?
3. Did Ms. Maxwell the defen
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 40 of 93
(“The conduct underlying Graham’s conviction was inherently
commercial, and the government adduced evidence that its
commission as t
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 35 of 93
Count Six: Sex Trafficking of a Minor — Elements
To find the defendantMs. Maxwell guilty of Count Six the Government must prove eac
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 36 of 93
Count Six: Sex Trafficking of a Minor — First Element
The first element of Count Six which the government must prove beyond a reason
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 37 of 93
Count Six: Sex Trafficking of a Minor — Second Element
The second element of Count Six which the government must prove beyond a rea
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 32 of 93
Count Four: Transportation of a Minor to Engage in Illegal Sexual Activity — Third
Element
The third element of Count Four which th
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 34 of 93
Count Six: Sex Trafficking of a Minor — Statute
The relevant statute for Count Six is Title 18, United States Code, Section 1591, wh
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 33 of 93
Commented [CE47]: If the government's witnesses testify
as expected —ie., that they engaged in repeated sex acts with
33
DOJ-OGR-0
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 30 of 93
Count Four: Transportation of a Minor to Engage in Illegal Sexual Activity — Second
Element
The second element of Count Four which
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 31 of 93
Count Four: Transportation of a Minor to Engage in Illegal Sexual Activity — Second
Element — Illegal Sexual Activity
Count Four al
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 29 of 93
Commented [CE43]: The defense objects to this
is already addressed in the
Law, Section 130 55 in Count Two And the defense expects
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 28 of 93
States v. Shim, 584 F.3d 394, 396 (2d Cir. 2009); United States v.
Evans, 272 F.3d 1069, 1086-87 (8th Cir. 2002) (under general
know
Case 1:20-cr-00330-PAE Document 410-1
Count Two alleges that the defendantMs. Maxwell enticed [Jane Doe-1_pseudonym] to
travel across state lines with the intent that she would engage in sexual activ
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 25 of 93
Count Four: Transportation of a Minor to Engage in Illegal Sexual Activity — The Statute
The relevant statute for Count Four is Titl
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 22 of 93
Count Two: Enticement to Engage in Illegal Sexual Activity — Third Element
The third element of Count Two which the government must
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 24 of 93
130.05, 130.55; New York State Pattern Jury Instructions
§ 130.55; the charge of the Hon. Denise L. Cote in United States v.
Purcel
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21
Count Two: Enticement to Engage in Illegal Sexual Activity —- Second Element
The second element of Count Two which the government must prove beyo
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21
CHARGE
Summary of Indictment
The Indictment contains six counts, or “charges,” against the defendant. Each count
constitutes a separate offense o
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 12 of 93
Reasonable Doubt
The question that naturally arises is: “What is a reasonable doubt?” What does that
phrase mean? The words almost
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 13 of 93
It creates an wicker charge in which language favorable
Adapted from the charge of the Hon. Alison J. Nathan in United a en rien mer
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 10 of 93
[implicit Bias
ties without discri
should not be influenced by any person’s race. color. religious beliefs. national ancestry. sex
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21
Improper Considerations
Your verdict must be based solely upon the evidence or the lack of evidence. It would be
improper for you to consider an
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 9of 93
All Parties Are Equal Before the Law
You are to perform the duty of finding the facts without bias or prejudice as to any party.
You
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 8of 93
Sympathy: Oath As Jurors
Under your oath as jurors you are not to be swayed by sympathy or prejudice. You are to
be guided solely by
Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page5of 93
Statements of Counsel and Court Not Evidence;
Jury’s Recollection Controls
You must determine the facts by relying upon your own recol