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Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 18 of 22
commission of the offense of conviction, rather than to the elements of the offense.” /d. at 39
(emphasis added by Court). Because § 3
Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 15 of 22
no dispute that Congress could have amended § 3283 in 2003 to extend the limitations period for
live charges; had it done so explicitl
Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 16 of 22
offenses with which Ms. Maxwell is charged do not require the sexual or physical abuse or
kidnapping of a child.
A. Section 3283 App
Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 14 of 22
apply this time-honored presumption unless Congress has clearly manifested its intent to the
contrary.” Gentile, 235 F. Supp. 2d at 65
Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 13 of 22
the expanded statute of limitations for child sex abuse crimes. See Opp. Mem. 24 (quoting
Crime Control Act of 1990, Pub. L. No. 101-6
Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 12 of 22
thus did not decide the issue (and in which Congress’ rejection of the retroactivity provision was
not discussed), and Nader, in which
Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 11 of 22
The only exception is United States v. Nader, 425 F. Supp. 3d 619 (E.D. Va. 2019). In
Nader, the court performed a Landgraf analysis i
Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 10 of 22
It will frequently be true, as petitioner and amici forcefully argue here, that
retroactive application of a new statute would vindic
Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page9of22
that Congress’ rejection of the retroactivity provision was motivated by such concerns,
Congress nonetheless chose to address those concer
Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 8of 22
As Ms. Maxwell’s opening memorandum (“Mem.”) has demonstrated, proper application
of Landgraf prohibits retroactive application of the 2
Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 7 of 22
direction to the contrary, to override the longstanding principle that criminal statutes of
limitations are to be interpreted in favor
Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 4of 22
United States v. Ayo,
GULF, Supe 20, 1328 PSTD. Ale, BO U oraos.cnmaen snes commas emt ema ect ret sas, see te 12
United States v. Brow
Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 3 of 22
TABLE OF AUTHORITIES
Page(s)
Cases
Bridges v. United States,
346 U.S. 209 (1953)... ceccecceceesceseeseesecseesecaeesecsseseersesses
Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page5of22
Weingarten v. United States,
865 F.3d 48 (2d Cir. 2017)... ccccccccecececesceseesceseesecueesecesesecaeseessecseesecaeeesasseesaseseeaeen
Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 2 of 22
TABLE OF CONTENTS
Page
I. The 2003 Amendment Does Not Apply Retroactively. ..........0cccccccccccceescecsceenseteseeenseensaes 2
A. St
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 29 of 30
Testimony Listing for Bernard R. Siskin, Ph.D.
Date Case Name Location Activity On Behalf Of
201 Roberso e al. alle Comm cao sCe
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 27 of 30
BLDS, LLC
PUBLICATIONS (Continued)
Books (Continued)
5. B. Siskin and R. Johnson, Elementary Statistics: A First Course, Duxbury
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 26 of 30
BLDS, LLC
EDUCATION
University of Pennsylvania
Ph.D., Statistics (Minor, Econometrics), 1970
University of North Carolina
Graduat
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 22 of 30
42. While the issues raised by Mr. Martin are valid, he never actually measures their
impact to determine if they meaningfully impa
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 23 of 30
qualified jury wheel. Mr. Martin’s presentation, unlike my analysis, never does this. Instead, he
cherry picks issues which might i
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 21 of 30
VI. REVIEW OF JEFFREY MARTIN’S AFFIDAVIT
39. Mr. Martin computes the percent African American on the White Plains qualified jury
w
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 24 of 30
APPENIDX A
DOJ-OGR-00003644
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 20 of 30
randomly selected and sent questionnaires, they are less likely to return the questionnaire, and/or
they are more likely to be foun
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 19 of 30
or Hispanics or fewer. Thus, the disparity may be because the clerical error led to African
Americans and Hispanics being more like
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 18 of 30
Reasons 6, 7, and 8
34. The last step in creating the qualified jury wheel is the selection from the master jury
wheel of those de
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 17 of 30
American or Hispanic between active and inactive votes in other counties is the same as in
Dutchess, we can estimate what the maste
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 16 of 30
Reasons 4 and 5
31. The actual selection of the master jury wheel was not a simple random sample from
the November 1, 2016 voter r
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 15 of 30
percentage points less African American than the estimated percent in the community and 1.15
percentage points less Hispanic than t
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 14 of 30
and the more homogeneous the area, the more accurate the geocoding estimate. I defined the
population in the census tract as U.S. c
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 13 of 30
25. Now that I have defined the likely causes, the next step is to estimate the effect of
each of these causes.
Reasons 1, 2, and
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 11 of 30
selected and those selected are sent a questionnaire to determine if they are qualified. The names
of persons who complete and retu
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 12 of 30
because the voter list demographics are as of a specific point in time, while the
community estimate is over a five-year period of
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 10 of 30
almost always be a disconnect between the estimate of the demographics of the community and
the demographics of the master jury whe
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 9 of 30
18. The master jury wheel, which defined the potential pool of jurors for the qualified
jury wheel, was based on the voter registrat
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page /7 of 30
random sample. First, the inactive voters in all counties except Dutchess were excluded from
selection. Assuming that they should h
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 8 of 30
systematic differences in the populations of those who register to vote by race or ethnicity. That
is, if African Americans or Hispa
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page5 of 30
12.97% Hispanic. Thus, the decision to not draw a proper random sample accounts for 0.68% of
the absolute disparity between the actua
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 4 of 30
jury wheel, I was able to identify and measure the various causes of the absolute disparity
between the community and the qualified
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 3 of 30
District of New York from the November 1, 2016 jury eligible population is representative of the
community from which it is supposed
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 2 of 30
REPORT
in the matter of
United States of America v. Souleymane Balde
Bernard R. Siskin, Ph.D.
1. INTRODUCTION
1. lama Director of
Case 1:20-cr-00330-PAE Document 204-11 Filed 04/16/21 Page 21 of 21
Confidential
G. Maxwell - Confidential
closed.
If there are questions that I have
instructed the witness not to answer and
it l
Case 1:20-cr-00330-PAE Document 204-11 Filed 04/16/21 Page 20 of 21
Confidential
G. Maxwell - Confidential
OQ. Let's just tie that down. It is
your testimony that you've never given
anybody a mas
Case 1:20-cr-00330-PAE Document 204-12 Filed 04/16/21 Page 1 of 30
REPORT
in the matter of
United States of America v. Souleymane Balde
by
Bernard R. Siskin, Ph.D.
Director
BLDS, LLC
December 7,
Case 1:20-cr-00330-PAE Document 204-11 Filed 04/16/21 Page 19 of 21
Confidential
Page 112
1 G. Maxwell - Confidential
A. I don't recall ever seeing her.
Q. Did BRR, sc§ vce engage in any
sexual a
Case 1:20-cr-00330-PAE Document 204-11 Filed 04/16/21 Page 18 of 21
Confidential
Maxwell - Confidential
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Do you know
MAGNA®©
LEGAL SERV
Case 1:20-cr-00330-PAE
pass
BEER EEREEE:.:
Document 204-11 Filed 04/16/21 Page 17 of 21
Confidential
G. Maxwell - Confidential
sexual activities?
A.
wasn't aware that he wa
sexual activities
Case 1:20-cr-00330-PAE Document 204-11 Filed 04/16/21 Page 16 of 21
Confidential
G. Maxwell - Confidential
it to something in the case.
MR. BOTES: I think it's tied, but
if you instruct her not t
Case 1:20-cr-00330-PAE Document 204-11 Filed 04/16/21 Page 14 of 21
Confidential
Maxwell - Confidential
Q
oclUlCh Ol OOlUCrEM RM Hm py
| |
Do you know whether Mr. Epstein
possessed sex toys or d
Case 1:20-cr-00330-PAE Document 204-11 Filed 04/16/21 Page 15of21
Confidential
Page 90
1 Maxwell - Confidential
Q
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MAGNA®©
LEGAL SERVICES
DOJ-OGR-
Case 1:20-cr-00330-PAE Document 204-11 Filed 04/16/21 Page 13 of 21
Confidential
Page 88
1 . Maxwell - Confidential
Were you aware of the presence of
sex toys or devices used in sexual activities