Defense letter to Judge Nathan on tentative witness order in Maxwell trial, Dec. 14, 2021

Document EFTA 02839180¶

Christian R. I:set-dell +I (21.‘4 957-7600 ccverdclIgcohcngrcsscr.com¶

December 14, 2021¶

BY ECF¶

The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse 40 Foley Square New York, NY 10007¶

SOD Third Avenue New York, NY 10022 +1 212 957 7600 phone anvw.cohengressertan¶

Re: United States v. Ghislaine Maxwell, S2 20 Cr. 330 (AJN)¶

Dear Judge Nathan:¶

Pursuant to the Court’s Order of earlier today (Dkt. 542), we write to provide the Court and the government with a revised tentative order of the defense witnesses. We note the following:¶

• I. We are still trying to make travel arrangements for the defense witnesses, many of whom are coming from locations all over the United States and from the United Kingdom. Accordingly, the order below is subject to change. We are making every effort to have witnesses available for Thursday and Friday but, in an abundance of caution, we are informing the Court and counsel that travel and COVID-related issues may require the case to be continued to next week.
• 2. The list of witnesses may be substantially reduced if the government is willing to agree to stipulations as to certain documents and witness testimony. We have conferred with the government regarding these stipulations, but as yet the government has not agreed to them. Accordingly, the list includes several witnesses who will be called to introduce certain documents or to testify about particular prior inconsistent statements.

The Honorable Alison J. Nathan December 14, 2021 Page 2¶

This includes the attorneys for “Jane,” “Kate,” and Carolyn. Pursuant to the Court’s direction, the defense has conferred with the government about these witnesses. At this point, the government has not agreed to stipulate to their testimony and are awaiting a decision from the Court about the privilege issues previously briefed.

¶

We also note that three of the defense witnesses, which we have separately identified to the government, have requested to testify under their first names or under a pseudonym. The government opposes this request. The Court’s ruling on the anonymity issue may impact the willingness of these witnesses to testify and, in turn, may affect the witness order.¶

Based on current information the tentative witness order is as follows:¶

• 2. Prof. Elizabeth Loftus
• 6. Alexander
• 7. Robert Glassman
• 8. Jack Scarola
• 9. Brad
• 10. Dominique Hyppolite
• II. Sho ers Travel records custodian
• 13. Special Agent Elizabeth Nesbitt Kuyrkendall
• 14. Special Agent Jason Richards
• 15. Special Agent Amanda Young
• 16. Det. Paul Bvme
• 19. SA T•11 Slater
• 20. John
• 21. Robert Kelso 22.a r

The Honorable Alison J. Nathan December 14, 2021 Page 3¶

25. 26. Eva 27. 28. 29.

¶

Sincerely,

¶

/s/ Christian Everdell Christian R. Everdell & GRESSER LLP 800 Third Avenue, 21st Floor New York, New York 10022 (212) 957-7600¶

cc: All Counsel of Record (By Email)¶