DOJ-OGR-00010557.jpg

Case 1:20-cr-00330-PAE Document 670 Filed 06/22/22 Page 22 of 55

Q: And about how old were you the last time you went over to his house?

A: Eighteen

(Trial Tr. 1525). Carolyn further testified:

Q: Why did you stop going to Jeffrey Epstein’s house?

A: Because I became too old.

Q: How old were you?

A: 18.

(Tr. 1549). That testimony alone confirms that the offense conduct spanned the entirety of 2004, and thus that the 2004 Manual applies.

The thrust of the defendant’s argument is that the Court should, at sentencing, discredit the testimony of a crime victim, when a jury has credited that victim and found the defendant guilty. Indeed, the jury convicted the defendant of Count Six, which solely relates to Carolyn. In service of her lawless argument, the defendant asks the Court both to reject Carolyn’s testimony and to do so in the face of documentary evidence that establishes that Carolyn told the truth at trial about when the offense conduct ended. As the defendant acknowledges, a message book seized from the Palm Beach residence contains two messages from Carolyn, using her first and last name: one in November 2004 (GX 4B), and one dated March 1, 2005 (GX 4F). The defendant asks the Court to ignore this evidence that Carolyn told the truth at trial, speculating that perhaps the message book is not authentic, because the Government did not offer these excerpts at trial. That speculation is baseless. As the defendant knows, the Government streamlined its proof at trial and elected not to call several witnesses, including employees who worked for Epstein in 2005 when this book was used. Given the volume of messages relating to Carolyn that were admitted at trial, and her own testimony about the duration of the conspiracy, the testimony from the additional

20

DOJ-OGR-00010557