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Case 1:20-cr-00330-PAE Document 384 Filed 10/29/21 Page11of12
Respectfully submitted,
s/ Jeffrey S. Pagliuca
Jeffrey S. Pagliuca
Laura A. Menninger
HADDON, MORGAN & FOREMAN P.C.
150 East 10th Ave
Case 1:20-cr-00330-PAE Document 384 _ Filed 10/29/21 Page9of12
The Court emphasized that the defendant had acted willfully and in bad faith in not disclosing
the witness until the second day of trial
Case 1:20-cr-00330-PAE Document 384 _ Filed 10/29/21 Page 8of12
IV. Preclusion of the Purported Statements is the Only Appropriate Remedy
Fed. R. Crim. P. 16(d)(2)(C) provides that if a party fails
Case 1:20-cr-00330-PAE Document 384 _ Filed 10/29/21 Page10of12
willfully violated the Order and has refused to produce statements that it obviously (1) is aware
of and (2) could be easily identified
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it intends to offer at trial ... in the Government’s production today or in its previous
productions.” And, circumnavigating this Court’s
Case 1:20-cr-00330-PAE Document 384 _ Filed 10/29/21 Page4of12
Defendant Ghislaine Maxwell, through counsel, requests that the Court enter an order
precluding the government from introducing any alle
Case 1:20-cr-00330-PAE Document 384 _ Filed 10/29/21 Page3of12
TABLE OF AUTHORITIES
Cases
Taylor v. Hlinois, 484 U.S. 400 (1988)... ceceeeeeeeeeeneecseeceeeeeeneeseeecaeecaeeeeeeeseeesseeceaeesenes
Case 1:20-cr-00330-PAE Document 384 _ Filed 10/29/21 Page2of12
TABLE OF CONTENTS
Table of Contents ...........ceeeceescessseceeceesscecesceesseecsaccssceesnsecaeeesneecsascsscevensecessersaeecsasens
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page 39 of 40
inflammatory and prejudicial statement or questions by the defense. The Court should not indulge
the defense’s effort to get these i
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F. The Court Should Preclude Challenges to the Credibility of Individuals Who Are Not
Witnesses at Trial
The defendant does not app
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page 35 of 40
E. The Government’s Alleged Motives Are Irrelevant
The defense claims it is proper to cast aspersions on the Government’s alleged m
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page 32 of 40
In any event, even if the NPA were admissible, that would not open the door to introducing
the defense’s wish list of arguments abou
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page 28 of 40
“cross-examined the detectives” about the identification procedure and “pointed out that [the
defendant] was charged even though he
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page 27 of 40
particular set of circumstances, and none address evidentiary rulings. Instead, these cases concern
Brady errors involving the withh
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page 26 of 40
United States v. Miles, 748 F.3d 485, 489 (2d Cir. 2014) (per curiam) (citation and internal
quotation marks omitted).
It is elemen
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page 25 of 40
permit this. As the Government has explained, for many of the subjects of the Government’s
motions, any evidence or argument is irre
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page 24 of 40
to put before this jury illustrates the side show the defense hopes to create. Those conspiracy
theories include, among other things
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page 23 of 40
Government need not wait until the witness is cross-examined. See United States v. Flores, 945
F.3d 687, 706 (2d Cir. 2019).
Follow
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page 22 of 40
The Government is seeking an order issued in many other cases to protect the privacy and
dignity of Minor Victims who will take the
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page17 of 40
a
every reason to believe that, if the Court orders that Minor Victims be permitted to testify under
pseudonyms, many major publicati
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page 18 of 40
that might be relevant to the jury’s deliberations as to the credibility or knowledgeability of the
witness.” Marcus, 2007 WL 330388
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page 15 of 40
C. The Government’s Proposal Would Protect Those Privacy Interests
The Government has proposed permitting Minor Victim-1, Minor Vict
Government’s proposal, the Minor Victims’ names will not be said in open court. A person in the
gallery, or a person reading the transcript, cannot simply write down the Minor Victims’ names
and put
Absent protection from the Court, her testimony will entail a further loss of privacy and dignity.
See 18 U.S.C. § 3771(a)(8).’ Accordingly, the Government requests relief narrowly tailored to the
par
Case 1:20-cr-00330-PAE Document 383 _ Filed 10/29/21 Page 13 of 40
3. Minor Victim-4
Regarding Minor Victim-4, the defense motion largely focuses on disparaging her
credibility. (See Def. Opp. at 12
> Indeed, in entering the Government’s requested protective order in this case, the Court noted that
“Tals a general matter, it is undisputed that there is a strong and specific interest in protecting
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Case 1:20-cr-00330-PAE Document 383 Filed 10/29/21 Page 7 of 40
(E.D.N.Y. Apr. 26, 2011), Dkt. No. 231; United States v. Paris, No. 06 Cr. 64 (CFD), 2007 WL
1484974, at *2 (D. Conn. May 18, 2007).
T
Case 1:20-cr-00330-PAE Document 383 Filed 10/29/21 Page5of40
ee. That misses the point entirely. The Court must decide whether to protect the
privacy of four victims who will testify in a criminal tr
B. The Minor Victims Retain Significant Privacy Interests
The bulk of the defense’s brief focuses on publicity surrounding this case
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in greater detail below, that
Case 1:20-cr-00330-PAE Document 382-7 Filed 10/29/21 Page6of7
e AK did not express any concerns about anything to the attorneys. AK may have asked
something like whether the attorneys are asking SDNY
Case 1:20-cr-00330-PAE Document 383 Filed 10/29/21 Page 3 of 40
G. Evidence or Argument About the Minor Victims’ Consent is Categorically
Telit S81 secs carasws cecsrennastosens csrinanas cont da ARt
Case 1:20-cr-00330-PAE Document 382-7 Filed 10/29/21 Page7 of 7
When the Topic of Epstein Came Back up with the Miami Herald Article
e Arose when AK was in Securities. AK was no longer the Human Tra
E Document 382-9 Filed 10/29/21 Pagelof1
EXHIBIT I
FILED UNDER SEAL
DOJ-OGR-00005554
E Document 382-8 Filed 10/29/21 Pagelof1
EXHIBIT H
FILED UNDER SEAL
DOJ-OGR-00005553
Events
Case 1:20-cr-00330-PAE Document 382-7 Filed 10/29/21 Page4of7
AK’s recollection is that the attorneys did not make any suggestions regarding what
investigative steps SDNY should take. The att
Case 1:20-cr-00330-PAE Document 382-7 Filed 10/29/21 Page5of7
Sean to call AK back and let her know if the Florida agents had concerns. Sean never
called AK back. AK doesn’t recall ever affirmatively
Case 1:20-cr-00330-PAE Document 382-7 Filed 10/29/21 Page3of7
e LP directed AK to “they will send me affidavits and depositions” on page 8 of AK’s
notes and asked if AK recalls what that line refers
Case 1:20-cr-00330-PAE Document 382-7 Filed 10/29/21 Page1of7
February 11, 2021 Call with Amanda Kramer
Present on Conference Call:
AUSAs Lara Pomerantz & Maurene Comey
FBI Special Agent Amanda Yo
Case 1:20-cr-00330-PAE Document 382-7 Filed 10/29/21 Page 2of7
EXHIBIT G
DOJ-OGR-00005547
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Affirmation
I, Jefizey
E Document 382-6 Filed 10/29/21 Pagelof1
EXHIBIT F
FILED UNDER SEAL
DOJ-OGR-00005545
Case 1: 1OA6P A1EBEABE SOA merPawmeniaiea én FESR BEERYPIS/1 aad > PAdS 14 of: 15
explained to him. Epstein hereby states that he understands the clarifications to the Non-
Prosecution Agreement and
Case 1:1GaSe A126 61ACRS3HbAMmerPeceMenteea-6n FERS SEGW2d5/1 72920-4 PAS 13 of 15
By signing this Addendum, Epstein asserts and certifies that the above has been read and
explained to him. Epstein h
Case 1:1GaSr- A126 6ACRS3HbAImerPoecementeea-6n FERS SOGW2d5/1 729203 PAS 12 of 15
By signing this Addendum, Epstein asserts and certifies that the above has been read and
explained to Him. Epstein h
Case 1:168SP- A126 CARRS 3HBARnerPacemenigee-6n FERS SBE2d5/1 7720401 P4d6 10 of 15
By signing this agreement, Epstein asserts and certifies that the above has been read
and explamed to him. Epstein
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By signing this agreement, Epstein asserts and certifies that the above has been read
and explained to him. Epstein
Case 1:1Ga8P A126 6AGRSSHBARnerPacemenieBe 6n FEBS SERV2d5/1 208 AbdGe 8 of 15
By signing this agreement, Epstein asserts and certifies that the above has been read
and explained to him, Epstein here
Case 1:20-cr-00330-PAE Document 382-5 Filed 10/29/21 Page1of16
EXHIBIT E
DOJ-OGR-00005529
E Document 382-4 Filed 10/29/21 Pagelof1
EXHIBIT D
FILED UNDER SEAL
DOJ-OGR-00005528