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Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 80 of 84
Witnesses may also reference “victims.” But the only witness the Government expects to
use the term “victim” is its expert, Dr. Rocchio
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 79 of 84
credibility.”). Prosecutors are simply using a term that is consistent with the Government’s theory
of the case. See United States v.
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 78 of 84
The defendant moves to preclude any trial participants from using the word “victim” to
refer to any of the Minor Victims. The Governme
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 69 of 84
and the identification is merely confirmatory.” (citation and internal quotation marks omitted));
Stallings v. Wood, No. 04 Civ. 4714 (
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 68 of 84
C. Discussion
There was nothing unduly suggestive about the identification procedure used here.
Accordingly, there is no basis to sup
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 66 of 84
Minor Victim-4 identified photefilas possibly depicting the defendant, but indicated that
she was not sure. When she reached photo | M
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 6/7 of 84
likelihood of irreparable misidentification.” United States v. Maldonado-Rivera, 922 F.2d 934,
973 (2d Cir. 1990). If the defendant c
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 64 of 84
excluding the testimony of a defense witness as a sanction for counsel’s (1) noncompliance with a
discovery rule that required notice o
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 62 of 84
charged in the S2 indictment.”’), and Order at 3, Dkt. No. 335 (following the above sentence with
“Tn light of the interests discussed
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 60 of 84
The defense errs when it suggests that the Court ordered the Government to specifically
itemize any co-conspirator statements containe
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 56 of 84
802(d)(2)(E) because it claims the Government failed to comply with the Court’s September 3,
2021 Order. (Def. Mot. 1 at 1). The defen
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 54 of 84
with Epstein. When Minor Victim-3 began having sexual contact with Epstein, she was 17. The
issue at trial will be the defendant’s kno
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 51 of 84
Not so. The defendant’s argument entirely misunderstands the charges in the Indictment
and the jury’s task at trial. The defendant is
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 43 of 84
befriended Minor Victim-3 in London, England between approximately 1994 and 1995, including
during a period of time in which [the defe
The Court denied the defendant’s prior motion to strike portions of the Indictment related
to Minor Victim-3 (Op. & Order at 33, Dkt. No. 207), explaining that it was premature to strike
any language
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 35 of 84
as part of the very act charged, or, at least, proof of that act.” Quinones, 511 F.3d at 309 (internal
citations and quotations marks o
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 33 of 84
Instead, the Government will seek to offer Dr. Rocchio’s testimony as background in this case.
“Daubert instructs that vigorous cross-
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 32 of 84
(Def. Mot. 3 at 16). This argument misunderstands the role of the jury. Jurors are not tasked
merely with applying Dr. Rocchio’s exper
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 31 of 84
traumatic experiences” (second alteration in original)); Raniere, 2019 WL 2212639, at *3, *7
(admitting expert testimony that “disclos
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 29 of 84
with current trends showing that CSA disclosures are too often delayed until adulthood”’);
McElvaney, “Disclosure of Child Sexual Abus
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 27 of 84
(citation and internal quotation marks omitted)). Dr. Rocchio, however, is not testifying about
common experience or from common experi
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 26 of 84
testimony that “sexual assault can result in severe, long-lasting and wide-ranging psychological
consequences and related difficulties’
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 24 of 84
The defense argues that this opinion is outside Dr. Rocchio’s expertise because she has “no
experience treating alleged perpetrators,”
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 22 of 84
That is precisely how Rule 702 works in cases where experts testify about general principles, which
the Rule contemplates. See Fed. R.
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 23 of 84
they were in this case will depend on the other evidence. That is not a prejudicial simplification—
that is the trial.
There is nothi
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 25 of 84
sexual abuse can lead to a variety of psychological difficulties, including substance use and
participation in risky sexual behavior.
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 21 of 84
return to Epstein’s home for sexual abuse, or why some occasionally expressed affection for the
defendant and Epstein.
Although Dr. R
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 18 of 84
” Joseph, 542 F.3d at 21-22 (first and second alterations in original) (citations and internal
quotation marks omitted).
That point is
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 19 of 84
evidence, to evaluate what weight to give it. But that does not change whether Dr. Rocchio’s
opinions are squarely within the mainstrea
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page17 of 84
patients are telling the truth.” (Def. Mot. 3 at 6). The defendant claims that this “fatally
undermines the reliability of her opinion”
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 16 of 84
established pattern of victimization—attachment and coercion—experienced by victims of sexual
abuse.
The defense would read Raymond t
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 15 of 84
testimony in this case is readily distinguishable from that in Raymond. There, the government
gave notice of expert testimony about th
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 14 of 84
some sort of empirical scientific testing,” and that “those arguments go to the weight, not the
admissibility, of her proposed testimon
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 13 of 84
(“Since its introduction to the peer-reviewed professional literature in 1984, the term ‘grooming’
has become so widely adopted that it
Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 11 of 84
United States v. Raniere, No. 18 Cr. 204 (NGG), 2019 WL 2212639, at *7 (E.D.N.Y. May 22,
2019).
Instead, the defendant suggests that D
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 10 of 84
quotation marks omitted). The district court rejected that argument, explaining that “case law quite
commonly upholds this type of tes
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 9 of 84
(S.D.N.Y. 2012) (citing Fed. R. Evid. 702 Advisory Committee’s Notes (2000 Amendments)).
“TT |he law grants a district court the same
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 8 of 84
particular case, the expert’s testimony will often rest upon an experience confessedly foreign in
kind to the jury’s own.” /d. at 149 (
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 7 of 84
579, 588 (1993) (quoting Beech Aircraft Corp. v. Rainey, 488 U.S. 153, 169 (1988)).
Under Daubert, a district court must first determi
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 6 of 84
traumatic and psychological consequences, especially when it
occurs in the context of complex trauma. The presence of other
individua
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page5of84
ARGUMENT
1. The Court Should Admit the Testimony of Dr. Lisa Rocchio
The Government intends to call Dr. Lisa Rocchio as an expert witness
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 2 of 84
Table of Contents
PRELIMINARY STATEMENT ssnssccvensenaacensnnanvesanonnacemnennnomnaceannnemainnsenmnncnaemmsnmennncennnocenens 3
PU 4
E Document 396-1 Filed 10/29/21 Pagelof1
EXHIBIT A
FILED UNDER SEAL
DOJ-OGR-00005783
Case 1:20-cr-00330-PAE Document 396 Filed 10/29/21 Page3of8
TABLES OF AUTHORITIES
Cases
Old Chief. Wnited Staion, 519 US. 172, 178. Loo T \ccussmsses smavemenanasn atenvemmcanaves enemensaeae sesam 2
Case 1:20-cr-00330-PAE Document 395 Filed 10/29/21 Page7of9
In view of this special role, “The prosecutor should not argue in terms of counsel’s
personal opinion, and should not imply special or secr
Case 1:20-cr-00330-PAE Document 395 _ Filed 10/29/21 Page9of9
Certificate of Service
I hereby certify that on October 18, 2021, I electronically filed the foregoing Ghislaine
Maxwell’s Motion In Lim
Case 1:20-cr-00330-PAE Document 395 _ Filed 10/29/21 Page8of9
“minor victims” deprives Ms. Maxwell of the presumption of innocence and lessens the
government’s burden of proof. U.S. Const. amends. V,
Case 1:20-cr-00330-PAE Document 395 _ Filed 10/29/21 Page6of9
Courts across the country agree. F.g., Allen v. State, 644 A.2d 982, 983 n.1 (Del. 1994)
(“We recognize . . . that when, as here, consent
Case 1:20-cr-00330-PAE Document 395 _ Filed 10/29/21 Page5of9
the accusers, violates the presumption of innocence, and lessens the government’s burden of
proof. E.g., Jackson, 600 A.2d at 24 (“We agr
Case 1:20-cr-00330-PAE Document 395 _ Filed 10/29/21 Page3of9
TABLE OF AUTHORITIES
Cases
Allen v. State, 644 A.2d 982 n.1 (Del. 1994) ooo ee eceeeessecnsecnseseeeseeveesaeenaecssesaeeseeseesaeenaee