EFTA00028274.pdf

Type: pdf
Source set: data-set-8
Extracted text

COHEN & GRESSER LLP 
November 8, 2021 
BY EMAIL. 
United States Attorney's Office 
Southern District of New York 
1 St. Andrew's Plaza 
New York, NY 10007 
Re: United States v. Ghislaine Maxwell, S2 20 Cr. 330 (AJN) 
Dear Counsel: 
Pursuant to the Court's Order dated June 2, 2021 (Dkt. 297), we write to provide the 
government with the defense's disclosures under Rule 16(b)(1)(A) and (b)(1)(B) of the Federal 
Rules of Criminal Procedure. 
As the government is aware, the defense is under no obligation to present a defense case 
and whether we will do so remains subject to the developments at trial. Nevertheless, in 
accordance with the Court's order, we provide below a preliminary list of documents that the 
defense may use in its case-in-chief, should we decide to present a defense case. 
We note that Rule 16(b)(1)(A) requires disclosure only of documents and other items that 
are "within the defendant's possession, custody, or control; and ... [that] the defendant intends to 
use ... in the defendant's case-in-chief at trial." Fed. R. Crim. P. 16(b)(1)(A) (emphasis added). 
Rule 16(b)(1)(A) does not require the defense to disclose, for example, potential impeachment 
evidence or documents that the defense may use to refresh a witness's recollection during the 
government's case-in-chief. See United States v. Medearis, 380 F.3d 1049, 1057 (8th Cir. 2004) 
(Rule 16(b)(1)(A) does not require disclosure of impeachment evidence); United States v. Moore, 
208 F.3d 577, 579 (7th Cir. 2000) (same); United States v. Haffield, No. 06 Cr. 550 (JS), 2009 WL 
10673619, at *1-2 (E.D.N.Y. Apr. 22, 2009) (same) (citing Medearis and Moore); see also United 
States v. Gray-Bwriss, 791 F.3d 50, 57-58 & n.2 (D.C. Cir. 2015) (using documents to refresh 
recollection of government's witnesses not covered by Rule 16); United States v. King, 703 F.2d 
119, 126 n.6 (5 Cir.1983) (noting that "even though the documents were excluded from 
evidence" because of defendant's failure to make a Ru…
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