Document EFTA 02839194¶
VIA Email¶
The Honorable Alison J. Nathan United States District Court Southern District of New York 40 Foley Square New York, NY 10007¶
150 East 10th Avenue Denver, Colorado 80203
¶
PH¶
FX¶
Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)¶
Dear Judge Nathan,¶
I write to alert the Court and the government to the inconsistent statements Ms. Maxwell intends to prove up by extrinsic evidence during her case.¶
Ms. Maxwell conferred with the government about this issue. After conferral, and given the press of time, counsel concluded it was most efficient to provide this notice to the Court and the government and to allow the government to consider which other statements it would stipulate to in addition to those the parties have already agreed on.¶
A. Jane Inconsistent Statements¶
| Trial Testimony | 3500 material cite | 3500 quote |
|---|---|---|
| 375:20 — 376:20 | 3509-008, p. 12, 4`h | |
| 447:2 — 447:20 | 3509-002, p. 1 | GM walked by w/ dog. JE came up to meet her. |
Page 2¶
| 448:12 — 15 | 3509-007, p. 3, para. 13 Doe was sitting alone on a bench between |
|---|---|
| 450:21 — 451:15 | 3509-028, p. 1 At first tea w/ Epstein, just Epstein, Mom & Jane |
| 451:4 — 452:21 | 3509-001, p. 2, 4th pan. In the beginning, Jane would be with her mother |
| 453:15 — 454:3 | 3509-003, p. 1, 41h para. Jane was not sure if Maxwell ever called her to |
| 454:4 — 9 | 3509-003, p.2, second |
| 455:3 — 18 | 3509-008, p. 12, 4`h |
| 455:19 — 13 | 3509-008, p. 11, last |
| 470:21 — 471:18 | 3509-005, p. 3, first |
| 471:18 - 22 | 3509-008, omission |
| 473:24 — 20 | 3509-008, p. 4, first full |
| 475:7 — 18 | 3509-008, p. 5, 3rd full |
| 475:19 — 476:1 | 3509-008, p. 3, 2s full |
Page 3¶
| 476:2-4 | 3509-008, p. 10, 411’ |
|---|---|
| 476:8-10 | 3509-005, p. 4, 4th full |
| 476:14-16 | 3509-008, p. 10, In full |
| 476:17-19 | 3509-008, p. 9, last |
| 477:2-5 | 3509-008, p. 9, last |
| 478:8-23 | 3509-008, p. 5, last |
| 479:12 - 480:8 | 3509-005, p. 3, second |
| 480:9-25 | 3509-008, p. 10, P’ full |
| 497:16 — 498:7 | 3509-005, p. 2, 2d |
| 3509-008, p. 8, 4th full | |
| 506:12 — 507:4 | 3509-001, p. 2 When Jane was 14 years old, she flew with |
Page 4¶
| The Lion [REDACTED]…The first time she traveled with them nothing inappropriate happened. | ||
|---|---|---|
| 512:11 – 513:7 | 3509-008, p. 6, 8 {sup}th paragraph | Re first NM trip: She recalled going hiking. She remembered not doing too much and just sitting around mostly. |
| 513:8 – 20 | 3509-008, p. 7, last full paragraph | She did not recall any specific abuse that occurred |
| 514:2 – 11 | 3509-008, p. 7-8, overflow paragraph | Jane was asked if she recalled any specific abuse that occurred in New Mexico and she stated she was not sure. |
| 514:1 – 515:7 | 3509-008, p. 8, 1 {sup}st overflow paragraph | The place was dark and she did not recall many details of this location. If there was abuse that occurred, it wouldn’t have been a group thing but she cannot recall anything specific. |
| 515:8 – 516:10 | 3509-008, p. 11, top paragraph first sentence | Jane was asked about the New Mexico trips she took and if she recalled any specific abuse that occurred there to which she answered she did not remember. |
| 521:9 – 522-22 | 3509-001, p. 3, 2 {sup}nd full paragraph | In the beginning before the pool house incident, Epstein showed off to Jane…Epstein took Jane in a dark green car to Mar-a-lago to meet Donald Trump. |
| 532:12 – 17 | 3509-001, p. 2, 2 {sup}nd full paragraph | Epstein, Maxwell, or an assistant would call Jane’s house phone. There was an assistant named Lesley, Maxwell’s assistant named [REDACTED] and another assistant named [REDACTED]. |
| 596:7 – 25 | 3509-007, paragraph 20 | In 1996, when Doe was 16 years old, Epstein moved Doe to New York City. |
The Honorable Alison J. Nathan December 15, 2021 Page 5¶
B. Inconsistent Statements’¶
| Trial Testimony | Prior Inconsistent Statement Cite | Prior Inconsistent Statement Quote |
|---|---|---|
| 1564: 4-7, 1565:18-23 | 3505-005, page 1, 2d paragraph | [REDACTED] approached [[REDACTED]] at a party and asked her if she would like to make $300.00. |
| 1567: 7-19 | 3505-005, page 1, 2d paragraph | [REDACTED] explained that [[REDACTED]] could make $300.00 by providing a man in Palm Beach with a massage. |
| 1568: 22-25 | 3505-005, page 1, 3rd paragraph | [REDACTED] told [[REDACTED]] she could make a lot of money real fast. |
| 1570:23 – 1571:2 | 3505-043, page 33, deposition pages 125:24-126:6 | Q. [T]he total period of time that you had any interaction with Mr. Epstein was between May of ‘02 and August of ‘03. |
A. Uh-huh.¶
Q. That is another say of saying it is the first time you went is May of ‘02 and the last time you went was August of ‘03.¶
A. Yeah¶
| |¶
C. Inconsistent Statements¶
| Trial Testimony | 3500 material cite | 3500 quote |
|---|---|---|
| 2151:2 – 16 | 3514-001, p. 2, 2d full paragraph | Originally [REDACTED] was going to accompany [REDACTED] to New Mexico. |
The overnment has agreed to stipulate to the admissibility of the prior inconsistent statements was confronted with at transcript page 1610:9-15 and page 1611:1-5.¶
The Honorable Alison J. Nathan December 15, 2021 Page 6¶
| 2160:12 – 2161:25 | 3514-001, p. 3, 2d full paragraph | The chef prepared dinner and all three ate together. |
|---|---|---|
| 2165:7 – 2166:6 | 3514-001, p. 2, last paragraph | They spent a significant amount of time horseback riding. |
| 2169:22 – 2170:12 | Omission | Never told the government in any interview “explain[ing] why [the boots] were not used previously and then I did wear them.” |
| 2174:18 – 2176:20 | ||
| 2194:20 – 2195:18 | 3514-012, p. 2, ¾ way down | At that time, limited to massaging and talking about the foot massage. Do not remember the specifics re: what JE was saying. Do not remember it being sexualized or going beyond massaging JE foot. |
| 2182:19 – 2183:15 | 3514-012, p. 3, section “GM massage of [REDACTED]“ | GM massage of [REDACTED] …“rubbed around breasts, not on her nipples or nipple area”; |
“was awkward and uncomfortable but not explicitly sexual – no touching of nipples, genitals, etc.” | | 2185:7 – 12 2185:21 – 2186:13 | 3514-012, p. 4, “Incident in the bed” | “Do not remember it being a sexual touch – do not remember grabbing or touching her breasts or genitals. Did not, e.g., feel his erect penis. Body generally against hers.” | | 2195:10 – 17 | 3514-012, p. 2, ¾ way down | At that time, limited to massaging and talking about the foot massage. Do not remember the specifics re: what JE was saying. Do not remember it being sexualized or going beyond massaging JE foot. | | 2197:23 – 2198: | 3514-001 | Omission – never told anything about GM being “disinterested” | | 2209:19 – 2213:5 | 3514-001 | Omission – no mention of wanting JE or GM prosecuted |¶
The Honorable Alison J. Nathan December 15, 2021 Page 7¶
| 2011 declaration | 2011 declaration language | |
|---|---|---|
| 2224:6 - 14 | 3514-012 | Each of the statements that the physical contact was “not sexualized” or “explicitly sexual” |
CONCLUSION¶
Ms. Maxwell has a constitutional right to present evidence in her defense and to confront her accusers. U.S. Const. amends. V, VI. These rights guarantee her the ability to prove up the inconsistent statements identified above.¶
Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. 150 East 10th Avenue Denver.CO 80203 Phone:¶
Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue New York, NY 10022 Phone:¶
Bobbi C. Sternheim Law Offices of Bobbi C. Stemheim 225 Broadway, Suite 715 New York, NY 10007 Phone:¶
Attorneys for Ghislaine Maxwell¶
cc: Counsel of record (via email)¶