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Extraction Summary
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Document Information
Type:
Legal filing (defense motion/brief)
File Size:
691 KB
Summary
This document is page 16 of a legal filing (Document 148) in the case United States v. Ghislaine Maxwell, filed on February 4, 2021. It contains legal arguments by the defense requesting the immediate disclosure of 'Brady' and 'Giglio' material (exculpatory and impeachment evidence) from the government. The defense argues that Ms. Maxwell needs this information early to prepare an effective defense, citing various legal precedents (United States v. Rodriguez, Bagley, etc.) to support the claim that impeachment evidence falls under the Brady rule.
People (2)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
Referenced as 'Ms. Maxwell'; the defense argues she needs Brady material immediately to prepare her defense.
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| The Government | Prosecution |
The opposing party in the legal case; requested to disclose evidence.
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Organizations (4)
| Name | Type | Context |
|---|---|---|
| United States District Court |
Implied by Case 1:20-cr-00330-AJN header.
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| Department of Justice (DOJ) |
referenced in Bates stamp DOJ-OGR-00002709
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| Second Circuit Court of Appeals |
Cited in case law (2d Cir. 2007, 2d Cir. 2001).
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| Supreme Court |
Cited regarding legal precedent for Brady material.
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Relationships (1)
Defense motion arguing against the government's timeline for disclosing evidence.
Key Quotes (3)
"Ms. Maxwell must receive this material in sufficient time to investigate and develop it for effective use before and during trial."Source
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"We therefore request the immediate disclosure of all Brady and Giglio material."Source
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Quote #2
"The Supreme Court has made clear that impeachment evidence 'falls within the Brady rule.'"Source
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Full Extracted Text
Complete text extracted from the document (2,000 characters)
Case 1:20-cr-00330-AJN Document 148 Filed 02/04/21 Page 16 of 23
immediately disclose all potentially favorable evidence having a reasonable probability to
affect the outcome of the proceedings. It is further requested that the Court direct the
government to disclose such information immediately upon its discovery.
affect the outcome of the proceedings. It is further requested that the Court direct the
government to disclose such information immediately upon its discovery.
It is well settled that pursuant to Brady and its progeny, the government must
disclose evidence, information, and facts that could be used to impeach its witnesses. See
United States v. Rodriguez, 496 F.3d 221, 225 (2d Cir. 2007). Such evidence includes any
and all evidence of a witness’ prior crimes or acts of moral turpitude, prior inconsistent
statements, and statements demonstrating a lack of knowledge or a denial of the facts of the
case or the alleged guilt of the defendant, and specific instances of conduct from which it
can be inferred the witness is untruthful.
disclose evidence, information, and facts that could be used to impeach its witnesses. See
United States v. Rodriguez, 496 F.3d 221, 225 (2d Cir. 2007). Such evidence includes any
and all evidence of a witness’ prior crimes or acts of moral turpitude, prior inconsistent
statements, and statements demonstrating a lack of knowledge or a denial of the facts of the
case or the alleged guilt of the defendant, and specific instances of conduct from which it
can be inferred the witness is untruthful.
But disclosure of Brady material is not the end of the line. Quite the contrary, it is a
launching point for an investigation that may bear critical information. In order to mount an
effective defense, Ms. Maxwell must receive this material in sufficient time to investigate
and develop it for effective use before and during trial. We therefore request the immediate
disclosure of all Brady and Giglio material.
launching point for an investigation that may bear critical information. In order to mount an
effective defense, Ms. Maxwell must receive this material in sufficient time to investigate
and develop it for effective use before and during trial. We therefore request the immediate
disclosure of all Brady and Giglio material.
The government takes the customary position that it will turn over any Giglio material at
the time it provides prior statements of witnesses pursuant to 18 U.S.C. § 3500. In doing so, the
government erroneously assumes that Giglio material is something other than Brady material.
The Supreme Court has made clear that impeachment evidence “falls within the Brady rule.”
Bagley, 473 U.S. at 676 (citing Giglio, 405 U.S. at 154). Favorable evidence, generally referred
to as Brady material, exculpates the accused or impeaches prosecution witnesses. Id. at 674,
676; Strickler v. Greene, 527 U.S. 263, 281-82 (1999); Boyette v. Lefevre, 246 F.3d 76, 89 (2d
Cir. 2001).
the time it provides prior statements of witnesses pursuant to 18 U.S.C. § 3500. In doing so, the
government erroneously assumes that Giglio material is something other than Brady material.
The Supreme Court has made clear that impeachment evidence “falls within the Brady rule.”
Bagley, 473 U.S. at 676 (citing Giglio, 405 U.S. at 154). Favorable evidence, generally referred
to as Brady material, exculpates the accused or impeaches prosecution witnesses. Id. at 674,
676; Strickler v. Greene, 527 U.S. 263, 281-82 (1999); Boyette v. Lefevre, 246 F.3d 76, 89 (2d
Cir. 2001).
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DOJ-OGR-00002709
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