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Case 1:20-cr-00330-AJN Document 103 Filed 12/23/20 Page 7 of 15

here. Whether or not the accusers’ recollections as to Epstein are corroborated is irrelevant to the strength of the evidence against Ms. Maxwell.

The only purported corroboration that pertains in any way to Ms. Maxwell is of marginal value. The government references [REDACTED] (Id. at 11). But even the government concedes that, at best, [REDACTED]

It is clear that the only evidence that Ms. Maxwell allegedly “groomed” the accusers or knowingly facilitated or participated in Epstein’s sexual abuse of minors will come solely from the testimony of the three accusers. The government’s case against Ms. Maxwell therefore rests entirely on the credibility and reliability of these three witnesses.² Moreover, the substantive counts (Counts Two and Four) are based on the testimony of only one witness, Minor Victim-1.

It is also telling that the government does not even attempt to rebut the defense’s assertion that it did not begin issuing subpoenas for documents related to Ms. Maxwell until just after the death of Jeffrey Epstein. This confirms that the case against Ms. Maxwell was assembled after the fact

¹ The government also proffers that they will have “additional witnesses.” (Gov. Mem. at 11). But these are not “outcry” witnesses who will corroborate a contemporaneous account of abuse from one or more of the accusers. Instead, they will testify only that “both [Ms. Maxwell] and Epstein knew and interacted with certain minor victims when those victims were minors.” (Id.). Again, the fact that Ms. Maxwell may have “met and interacted with” someone when they were a minor proves absolutely nothing.

² One of the witnesses has submitted a letter to the Court. While the CVRA permits the right to be heard, the letter should be given no legal weight in the Court’s bail analysis. See United States v. Turner, 367 F. Supp. 2d 319, 331-32 (E.D.N.Y. 2005)

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