532.pdf

Type

pdf

Source set

house-oversight-doj

Pages

8

Text status

Searchable text available

OCR confidence

0.9419747079904621

Original source

Extracted text

Case 1:20-cr-00330-PAE Document532 Filed 12/09/21 Page1of8 Haddon, Morgan and Foreman, P.C Jeffrey S. Pagliuca My 150 East 10th Avenue Denver, Colorado 80203 PH 303.831.7364 FX 303.832.2628 www.hmflaw.com [email protected] HADDON MORGAN FOREMAN December 8, 2021 VIA Email The Honorable Alison J. Nathan United States District Court Southern District of New York 40 Foley Square New York, NY 10007 Re: — United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Judge Nathan, This is at least the third attempt by the government to admit an unreliable exhibit of unknown origin. The problems are manifold, as this Court is aware. When the government last sought admission, after the testimony of Juan Alessi, this Court reserved ruling, recognizing that Mr. Alessi had neither authenticated Exhibit 52 nor laid the required foundation for its admission under Rule 803(6). Rest assured, promised the government, it would fill in the blanks through the testimony of Employee-1. But the government no longer plans to call Employee-1 as a witness, so it’s left with a record this Court already deemed inadequate to justify admission of the exhibit. Undeterred, the government now, for the very first time, points to something else—Ms. Maxwell’s April 2016 civil deposition. The government claims that Ms. Maxwell’s deposition testimony authenticates Exhibit 52. The government is wrong, for at least two obvious reasons. First, the exhibit Ms. Maxwell was shown in her deposition (Deposition Exhibit 13) is not the same thing as Exhibit DOJ-OGR-00008265 

Case 1:20-cr-00330-PAE Document532 Filed 12/09/21 Page2of8 The Honorable Alison J. Nathan December 8, 2021 Page 2 52. Deposition Exhibit 13 is a photocopy of some pages of some document. It is not the bound volume the government seeks to admit as Exhibit 52. Second, even if Exhibit 13 were the same thing as Exhibit 52, Ms. Maxwell expressly and repeatedly disclaimed any knowledge of what Exhibit 13 was, when it was created, who created it, an…

Open in the interactive archive →