492.pdf

Type

pdf

Source set

house-oversight-doj

Pages

13

Text status

Searchable text available

OCR confidence

0.9382382610530233

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Extracted text

Case 1:20-cr-00330-PAE Document 492 Filed 11/22/21 Page1of13 U.S. Department of Justice United States Attorney Southern District of New York   The Silvio J. Mollo Building One Saint Andrew’s Plaza New York, New York 10007 November 5, 2021 The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse 40 Foley Square New York, New York 10007 Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Judge Nathan: The Government respectfully submits this letter in further opposition to the defense motion to exclude evidence of Minor Victim-3 (Dkt. No. 387), and as discussed at the conference on November 1, 2021. As set forth in greater detail below, the testimony of Minor Victim-3 is direct evidence of the offenses charged in the Second Superseding Indictment (the “Indictment”) and, at a minimum, admissible under multiple bases enumerated in Rule 404(b).! I. Factual Background The Government expects Minor Victim-3 to testify, in substance and in part, that she met the defendant in or about 1994, when she was approximately 17 years old. ee ' The Government moves to file a redacted version of this letter. The proposed redactions are consistent with the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Although this letter is a judicial document subject to the common law presumption of access, the proposed redactions are narrowly tailored to protect the privacy interests of Minor Victim-3, who has not been publicly identified, and who is a subject of the Court’s order granting the motion to let certain victims and witnesses testify under pseudonyms. DOJ-OGR-00007418 

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Case 1:20-cr-00330-PAE Document 492 Filed 11/22/21 Page3of13 Page 3 II. Applicable Law Relevant evidence is “not confined to that which directly establishes an element of the crime.” United States v. Gonzalez, 110 F.3d 941, 942 (2d Cir. 1997). As the Second Cir…

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