Browse by Document Type
Other (98,409 documents)
E Document 382-3 Filed 10/29/21 Pagelof1
EXHIBIT C
FILED UNDER SEAL
DOJ-OGR-00005527
E Document 382-2 Filed 10/29/21 Pagelof1
EXHIBIT B
FILED UNDER SEAL
DOJ-OGR-00005526
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 69 of 69
Certificate of Service
I hereby certify that on October 25, 2021, I electronically filed the foregoing Ghislaine
Maxwell’s Response t
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 68 of 69
Respectfully submitted,
s/ Jeffrey S. Pagliuca
Jeffrey S. Pagliuca
Laura A. Menninger
HADDON, MORGAN & FOREMAN P.C.
150 East 10th
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 67 of 69
The same is true for
The bias and motive for these witnesses to testify against Ms. Maxwell at the criminal
trial must be explored o
E Document 382-1 Filed 10/29/21 Pagelof1
EXHIBIT A
FILED UNDER SEAL
DOJ-OGR-00005525
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 64 of 69
examples were given, the Court finds that this is too vague a category to grant the relief
requested.").
The government has not expla
The government has the burden of proving the charges in the Indictment beyond a
reasonable doubt. The defense bears no burden and is not obligated to disclose defense theory or
strategy unless requir
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 66 of 69
DOJ-OGR-00005521
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 63 of 69
The parties should follow the Rules. Ms. Maxwell intends to do so and will object to
evidence she believes is inadmissible at trial.
I
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 61 of 69
evidence during trial; none stands for the specific relief requested by the government: that
"before the Court permits the defense to
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 59 of 69
Because nothing requires Ms. Maxwell to advise the government in advance of the
evidence she intends to admit at trial or why that evi
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 56 of 69
appropriate and viable defense. While the age of consent for Counts Five and Six is 18, at the
time of the alleged offense, individual
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 57 of 69
admissible to demonstrate the lack of any intent or knowledge on the part of Ms. Maxwell. As
with the other in /imine requests, this e
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 55 of 69
solely on the age of the participant, the generic federal definition of minor requires that the age
of the alleged victim be the then-
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 54 of 69
VI. CERTAIN EVIDENCE OR ARGUMENT THAT MINOR VICTIMS
CONSENTED TO SEXUAL ABUSE MAY BE ADMISSIBLE.
The government seeks blanket preclus
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 52 of 69
1. Ee (Accuser 4) will testify that ag (Accuser 5)
"recruited" her. Mot. at 38. How? What will TE: that TE ai to her?
Is it, "I am h
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 51 of 69
612-13; Lindsey, 769 F.2d at 1042. Accordingly, this evidence does not impermissibly question
the government’s motives and should not
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 49 of 69
particular “investigative technique” to prepare its case. See United States v. Saldarriaga, 204
F.3d 50, 52-53 (2d Cir. 2000); United
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 44 of 69
C. Evidence and Argument About the Fact that Ms. Maxwell Was Not Charged by
the USAO-SDFL Is Relevant to gg Credibility
1. Applicable
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 43 of 69
inconsistencies,” revealed a “remarkably uncritical attitude” on the part of the police which
“undermined the ... integrity of the inv
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 41 of 69
and "good faith” of the New York investigation leading to the charges against her. Kyles, 514
USS. at 445.
It is clear from the docum
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 40 of 69
B. Evidence and Argument About the NPA, Prior Charging Decisions, and the
Death of Jeffrey Epstein Is Admissible to Challenge the Thor
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 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 a
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 35 of 69
Finally, admissibility of the number and type of prior consistent statements still is guided
by Rules 401 and 403, including whether t
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 34 of 69
motive to fabricate arose immediately after the supposed child-abuse, and thus statements made
to others, months or years later, were
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 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 b
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 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 re
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 28 of 69
Ea 21
Any Reference to Her Should Be Excluded -- Eliminating the Need for a
Pseudonym or Other Artifice
Apparently, the government co
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 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 cooperat
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 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 righ
:
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 382 Filed 10/29/21 Page 26 of 69
DOJ-OGR-00005481
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 22 of 69
DOJ-OGR-00005477
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 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 prosecutio
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 18 of 69
DOJ-OGR-00005473
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 16 of 69
DOJ-OGR-00005471
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 11 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 382 Filed 10/29/21 Page 15 of 69
DOJ-OGR-00005470
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 14 of 69
DOJ-OGR-00005469
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 13 of 69
DOJ-OGR- 00005468
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 10 of 69
to issues that are definitely set for trial, without lengthy argument at, or interruption of, the trial.”
(citation and internal quota
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 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 382 Filed 10/29/21 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 382 Filed 10/29/21 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 382 Filed 10/29/21 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 382 Filed 10/29/21 Page5of 69
TABLE OF AUTHORITIES
Cases
Alford v. United States, 282 U.S. 687 (1931) ..eccecessesessseseeeseeesecnsecnsesaeeseesseesaeenaesaesaeesaee
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 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