EPSTEIN
page 2 / 890 . OCR, unverified
The witness testified, I believe, that at the time
met Epstein and Ms. Maxwell, that she was living with
house and she described that as homeless;
And she said that she lived in one
for her childhood. The
is accurate.
302 in
So then you've got the FB
which she said that she lived at a certain address at the time
that she
statemen
know tha
looked a
discrepa
met them; correct?
MR. EVERDELL: That's right.
THE COURT: [ think there's a question of whether that
t comes in as a prior inconsistent statement. I don't
t that was moved. But she said, in any event, she
t it and it was a typo; so she addressed the apparent
ney, as I heard it. I'm not sure if you wanted to move
the statement in as a prior inconsistent statement and let the
jury resolve that dispute.
But we moved on then to a current photograph of a
street that had writing on it, an address and a date, and she
said that's the street lived in —- that's the street lived
on, which it just -- I think it suffered from a lot of
SOUTHERN DISTRICT REPORTERS, P.C.
(212%) 805-0220
DOJ-OGR-00017613
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fe
NO
~]
Ke)
Case 1:20-cr-00330-PAE
LCLVMAX1
problems,
testimony.
MR.
EVER
we could back
if
up.
DELL:
Document 745
Your Honor,
Have w
and we're just talking about --
THE COUR
a Rule 16 issue.
that it's impeach
rs
As
ing;
f it's
Lu.
Well,
Filed 08/10/22
but certainly wasn't directly impeaching of
I'm sorry.
impeaching,
sit here,
So
sure what you're doing with
MR.
EVERDELL:
because I
I think
or not if
about something on cross-examination,
think we disagree with wha
there's some disagreement on
the defense is going to in
considered a Rule 16 document.
So what
is that they are trying to deal with the issue of
de
fense is trying to introduce af
[ don't know -
that if it's not impeaching,
£ can address that,
Page 5 of 264 411
her
just -- see
moved beyond the Rule 16 issue at this point
then there's not
—- I don't see
I'm not
it and it may be a Rule 16 issue.
your Honor,
t the state
the courts
whether t
I understand the case law to be,
Firmative proof
troduce something or
the law is.
of
about whether
talk
hat is
your Honor,
where the
case through the government's own witnesses.
TH
ina
COURT:
For sure.
let's
usually what
cross-examination and impeachmen
fed)
So
happens.
Ffirmative evidence,
There's o
Which is,
ften not a defen
in its own
face it,
se cas Both
t testimony,
as well as
comes in through cross-examination.
think the cases that say there's not a clear
SOUTHE
CT REPORT
RN D
STR
ERS,
(212) 805-0300
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NO
~]
Ke)
a
he
No
(ee)
=
Hs
_
a
~]
a
a
Ke}
Case 1:20-cr-00330-PAE
LCLVMAX1
temporal
your
question, are y
opposed to imp
time split,
first witness,
Document 745 ‘Filed 08/10/22
that is to say, you don't have
is not the question; it's a
ou putting on evidence in your case-in
achment testimony.
MR.
EV
ERDELL: I
think that's right,
Let's
use examples.
introduce certa
custodian. The
FedEx records,
custodian. So
the government,
proof in its ca
def in
give an example, because
T'll use one from this very case.
Page 6 of 264
-chief
412
to put on
functional
as
your Honor.
I think it's helpful to
It's my understanding that the government wants to
in FedEx records through a FedEx document
defense also would like to introduce other
coincidentally,
if that happens,
se through that same witness.
chief material which, by the way,
ns Cas
in our Rule 16
letter to the government.
think,
things -- where
on af
Firmative proof
you have a witness where you are
in the def the
nse case through
government's wi
dispute.
I'll g
one.
tness.
ive another example.
oski
Larry Vis
just testified.
Lit
there wer
tle St. James Island wher
pictures of
structures, hou
through the same document
you'd have a witness called by
the defense would want to introduce af
Firmative
That's an example,
He was shown a number of
That would be
we disclosed
where the courts are talking about where you disclose
trying to put
That 1s an example where we don't
This is a hypothetical
And he
ses on the island.
SOUTHERN D
STR
(212)
CT REPORTERS, P.C.
805-0300
testified to those,
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