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705 KB
Extraction Summary
2
People
3
Organizations
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Locations
2
Events
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Relationships
4
Quotes
Document Information
Type:
Legal filing / court order / memorandum of law
File Size:
705 KB
Summary
This document is page 9 of a legal filing (Doc 385) in the case United States v. Ghislaine Maxwell (1:20-cr-00330-PAE), filed on October 29, 2021. The text argues that the Government failed to provide timely notice of 'other act evidence' under Rule 404(b) and requests that the Court view any excuse for this delay with skepticism. The defense requests additional time to investigate newly disclosed materials which the Government claims are 'direct evidence' of conspiracy, though the specific details of these materials are redacted.
People (2)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
Requesting additional time to respond to government evidence; subject of the legal defense.
|
| Wright & Miller | Legal Authority |
Authors of a legal treatise cited to support the argument regarding 'other act evidence'.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| The Government |
Opposing party accused of failing to provide timely notice of evidence.
|
|
| The Court |
The entity being asked to analyze the government's excuse with skepticism.
|
|
| DOJ |
Department of Justice (indicated by Bates stamp DOJ-OGR).
|
Timeline (2 events)
2021-10-29
Filing of Document 385 in Case 1:20-cr-00330-PAE.
Court
Defense Counsel
Relationships (1)
Defense filing arguing against Government's delay in providing evidence notice.
Key Quotes (4)
"Should the Government request a 'good-cause' exemption for their failure to timely provide Rule 404(b) notice, this Court should analyze their excuse with skepticism."Source
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Quote #1
"Prosecutors should be prepared to explain their change of heart and to rebut allegations of sandbagging."Source
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Quote #2
"There is no acceptable excuse for failure to follow the requirements of the Rule."Source
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Quote #3
"Ms. Maxwell requests ample time to investigate the materials and to respond."Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (2,052 characters)
Case 1:20-cr-00330-PAE Document 385 Filed 10/29/21 Page 9 of 12
the admissibility of the other act evidence." Wright & Miller, supra. Should the Government
request a "good-cause" exemption for their failure to timely provide Rule 404(b) notice, this
Court should analyze their excuse with skepticism. "Prosecutors should be prepared to explain
their change of heart and to rebut allegations of sandbagging. Unforeseen turns of testimony at
trial are one thing. Reasonably anticipated proof problems are another. For example, when intent
is an element of a charged offense, a prosecutor will be hard pressed to explain why he did not
foresee before trial that the other act proof may be important in a jury's determination of intent."
Wright & Miller, supra. Here, the government has been on notice of the elements it needs to
prove since July 2020. It advised the Court it would be able to provide Rule 404(b) notice back
in May 2021. Dkt. 229 at 3. With the trial continuance, it gained an additional five months. See
Dkt. 297.
request a "good-cause" exemption for their failure to timely provide Rule 404(b) notice, this
Court should analyze their excuse with skepticism. "Prosecutors should be prepared to explain
their change of heart and to rebut allegations of sandbagging. Unforeseen turns of testimony at
trial are one thing. Reasonably anticipated proof problems are another. For example, when intent
is an element of a charged offense, a prosecutor will be hard pressed to explain why he did not
foresee before trial that the other act proof may be important in a jury's determination of intent."
Wright & Miller, supra. Here, the government has been on notice of the elements it needs to
prove since July 2020. It advised the Court it would be able to provide Rule 404(b) notice back
in May 2021. Dkt. 229 at 3. With the trial continuance, it gained an additional five months. See
Dkt. 297.
There is no acceptable excuse for failure to follow the requirements of the Rule. Given
the significant number of other pre-trial filing deadlines, briefing the admissibility of the
proffered Rule 404(b) evidence in the midst of her other obligations will be exceptionally
difficult. If the Court is inclined to grant the government additional time to satisfy the Rule, Ms.
Maxwell requests ample time to investigate the materials and to respond.
the significant number of other pre-trial filing deadlines, briefing the admissibility of the
proffered Rule 404(b) evidence in the midst of her other obligations will be exceptionally
difficult. If the Court is inclined to grant the government additional time to satisfy the Rule, Ms.
Maxwell requests ample time to investigate the materials and to respond.
III. Ms. Maxwell Needs Additional Time to Respond to the Scant Notice that the
Materials Qualify as "Direct Evidence" in the Case
Materials Qualify as "Direct Evidence" in the Case
The Rule 404(b) Letter also repeated the Government's opinion that the newly-disclosed
materials qualify as "direct evidence" of the conspiracy. At first blush, it is hard to see how they
could so qualify. [REDACTED]
materials qualify as "direct evidence" of the conspiracy. At first blush, it is hard to see how they
could so qualify. [REDACTED]
[REDACTED]
[REDACTED] They do not reference or have anything to do with (a) the persons mentioned in the
Indictment or any other testifying witness, nor (b) any of the legal allegations contained in the
Indictment or any other testifying witness, nor (b) any of the legal allegations contained in the
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DOJ-OGR-00005618
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