DOJ-OGR-00016986.jpg
643 KB
Extraction Summary
6
People
2
Organizations
0
Locations
4
Events
4
Relationships
2
Quotes
Document Information
Type:
Court transcript
File Size:
643 KB
Summary
This court transcript captures an argument from a defense attorney, Mr. Everdell, objecting to a 'conscious avoidance' jury instruction for his client, Ms. Maxwell. He argues that the instruction is inappropriate because testimony from witnesses Jane, Annie, and Carolyn establishes Ms. Maxwell as an active participant in the alleged sexual crimes, not someone who deliberately ignored them. The attorney cites specific acts like participating in massages and groping to prove direct involvement, thereby negating the basis for a conscious avoidance theory.
People (6)
| Name | Role | Context |
|---|---|---|
| Mr. Everdell | Attorney |
Speaker arguing against a jury instruction on behalf of the defense.
|
| The Court | Judge |
Presiding over the hearing, addressed as 'your Honor' by Mr. Everdell.
|
| Ms. Maxwell | Defendant |
The subject of the legal argument, alleged by witnesses to be an active participant in sexual acts.
|
| Jane | Witness |
Provided testimony that Ms. Maxwell was involved in group sexualized massages.
|
| Annie | Witness |
Provided testimony that Ms. Maxwell performed a topless massage on her.
|
| Carolyn | Witness |
Provided testimony that Ms. Maxwell groped her breasts and hips.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| THE COURT | government agency |
The judicial body presiding over the case.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
The court reporting firm that transcribed the proceedings.
|
Timeline (4 events)
2022-08-10
Mr. Everdell, on behalf of the defense, objects to the inclusion of a 'conscious avoidance' jury instruction.
Courtroom (implied)
Group sexualized massages in which Ms. Maxwell was allegedly involved, according to testimony from Jane.
A topless massage allegedly performed by Ms. Maxwell on Annie, during which she rubbed Annie's chest, according to testimony.
An incident where Ms. Maxwell allegedly groped Carolyn's breasts and commented on her hips, according to testimony.
Relationships (4)
Mr. Everdell formally addresses the judge as 'your Honor' while presenting a legal argument.
Jane is a witness whose testimony is being used to argue for Ms. Maxwell's guilt.
Annie is a witness whose testimony is being used to argue for Ms. Maxwell's guilt.
Carolyn is a witness whose testimony is being used to argue for Ms. Maxwell's guilt.
Key Quotes (2)
"the government's theory of the case and the proof that's been elicited through the testimony is that she was an active participant in all aspects of the charges."Source
— Mr. Everdell
(Arguing that the evidence presented does not support a 'conscious avoidance' instruction because it points to direct involvement by the defendant.)
DOJ-OGR-00016986.jpg
Quote #1
"These are all active-participant measures. This is someone that's not consciously avoiding."Source
— Mr. Everdell
(Concluding his argument by summarizing the nature of the actions described in witness testimonies as evidence of direct participation, not avoidance.)
DOJ-OGR-00016986.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,639 characters)
Case 1:20-cr-00330-AJN Document 765 Filed 08/10/22 Page 60 of 95
LCIAMAX2ps
2798
1
(Jury not present)
2
THE COURT: All right. Mr. Everdell.
3
MR. EVERDELL: Thank you, your Honor. The next page
4
we have is page 54, instruction 39, the conscious avoidance
5
instruction. Your Honor, on that, the defense objects to this
6
being included, this instruction being included in the charge.
7
I think, as the Court is aware, to include an
8
instruction on conscious avoidance, you have to establish two
9
prongs. First is that the defendant has to assert some lack of
10
specific aspect of knowledge required for conviction. I don't
11
think we're disputing that. But the second prong is that there
12
must be an appropriate factual predicate for the charge. And
13
here, your Honor, the government's theory of the case and the
14
proof that's been elicited through the testimony is that she
15
was an active participant in all aspects of the charges. There
16
has been testimony by all of the witnesses that she was not
17
only participating and facilitating the sexual encounters but
18
that she participated. So we have testimony from Jane that she
19
was involved, that Ms. Maxwell was involved in the group
20
sexualized massages. We had testimony from Annie that the
21
topless massage was done by Ms. Maxwell; she rubbed the top
22
part of her chest during the topless massage. We had testimony
23
from Carolyn that Ms. Maxwell groped her breasts and commented
24
upon her hips. These are all active-participant measures.
25
This is someone that's not consciously avoiding.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00016986
LCIAMAX2ps
2798
1
(Jury not present)
2
THE COURT: All right. Mr. Everdell.
3
MR. EVERDELL: Thank you, your Honor. The next page
4
we have is page 54, instruction 39, the conscious avoidance
5
instruction. Your Honor, on that, the defense objects to this
6
being included, this instruction being included in the charge.
7
I think, as the Court is aware, to include an
8
instruction on conscious avoidance, you have to establish two
9
prongs. First is that the defendant has to assert some lack of
10
specific aspect of knowledge required for conviction. I don't
11
think we're disputing that. But the second prong is that there
12
must be an appropriate factual predicate for the charge. And
13
here, your Honor, the government's theory of the case and the
14
proof that's been elicited through the testimony is that she
15
was an active participant in all aspects of the charges. There
16
has been testimony by all of the witnesses that she was not
17
only participating and facilitating the sexual encounters but
18
that she participated. So we have testimony from Jane that she
19
was involved, that Ms. Maxwell was involved in the group
20
sexualized massages. We had testimony from Annie that the
21
topless massage was done by Ms. Maxwell; she rubbed the top
22
part of her chest during the topless massage. We had testimony
23
from Carolyn that Ms. Maxwell groped her breasts and commented
24
upon her hips. These are all active-participant measures.
25
This is someone that's not consciously avoiding.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00016986
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