EFTA00011133.pdf
85.7 KB
Extraction Summary
7
People
4
Organizations
4
Locations
3
Events
2
Relationships
4
Quotes
Document Information
Type:
Legal correspondence / letter from u.s. department of justice
File Size:
85.7 KB
Summary
This document is a letter dated October 13, 2021, from U.S. Attorney Damian Williams to Ghislaine Maxwell's defense team. The Government asserts that Maxwell has waived her right to use an insanity or mental condition defense (Rule 12.2) because she failed to provide notice by the pretrial motion deadlines in early 2021. The letter demands that if the defense intends to use such evidence despite the waiver, they must provide notice by October 20, 2021.
People (7)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
Subject of the criminal case 20 Cr. 330 (AJN); government asserting she waived insanity/mental condition defense.
|
| Damian Williams | United States Attorney |
Sender of the letter representing the Government.
|
| Christian Everdell | Defense Counsel |
Recipient of the letter; attorney at Cohen & Gresser LLP.
|
| Mark Cohen | Defense Counsel |
Recipient of the letter; attorney at Cohen & Gresser LLP.
|
| Laura Menninger | Defense Counsel |
Recipient of the letter; attorney at Haddon, Morgan and Foreman, P.C.
|
| Jeffrey Pagliuca | Defense Counsel |
Recipient of the letter; attorney at Haddon, Morgan and Foreman, P.C.
|
| Bobbi Sternheim | Defense Counsel |
Recipient of the letter; attorney at Law Offices of Bobbi C. Sternheim.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| U.S. Department of Justice |
Sender organization; United States Attorney's Office, Southern District of New York.
|
|
| Cohen & Gresser LLP |
Law firm representing the defendant.
|
|
| Haddon, Morgan and Foreman, P.C. |
Law firm representing the defendant.
|
|
| Law Offices of Bobbi C. Sternheim |
Law firm representing the defendant.
|
Timeline (3 events)
2021-01-25
Deadline for defendant's pretrial motions (Dkt. No. 108).
Southern District of New York
2021-05-07
Deadline for defendant's supplemental pretrial motions (Dkt. No. 250).
Southern District of New York
2021-10-20
Government-imposed deadline for notice if defendant intends to offer Rule 12.2 evidence despite waiver.
Southern District of New York
Ghislaine Maxwell
Defense Counsel
Locations (4)
| Location | Context |
|---|---|
|
Address of U.S. Attorney's Office, New York, NY.
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|
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Address of Cohen & Gresser LLP, New York, NY.
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|
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Address of Haddon, Morgan and Foreman, P.C., Denver, CO.
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Address of Law Offices of Bobbi C. Sternheim, New York, NY.
|
Relationships (2)
Williams is the US Attorney prosecuting Maxwell in United States v. Ghislaine Maxwell.
Everdell is addressed as counsel for the defense in the case against Maxwell.
Key Quotes (4)
"The Government writes to notify you that it will take the position that the defendant has waived any defense pursuant to Rule 12.2."Source
EFTA00011133.pdf
Quote #1
"Rule 12.2 provides that... the defendant must provide the Government written notice 'within the time provided for filing a pretrial motion, or at any later time the court sets.'"Source
EFTA00011133.pdf
Quote #2
"Accordingly, the notice period required by Rule 12.2 expired at least five months ago."Source
EFTA00011133.pdf
Quote #3
"If the defendant intends to offer evidence covered by Rule 12.2 at trial notwithstanding the above, the Government demands notice no later than October 20, 2021"Source
EFTA00011133.pdf
Quote #4
Full Extracted Text
Complete text extracted from the document (2,269 characters)
U.S. Department of Justice
United States Attorney
Southern District of New York
The Silvio J. Mollo Building
One Saint Andrew's Plaza
New York, New York 10007
October 13, 2021
BY ELECTRONIC MAIL
Christian Everdell, Esq.
Mark Cohen, Esq.
Cohen & Gresser LLP
800 Third Avenue
New York, NY 10022
Laura Menninger, Esq.
Jeffrey Pagliuca, Esq.
Haddon, Morgan and Foreman, P.C.
150 East Tenth Avenue
Denver, CO 80203
Bobbi Sternheim, Esq.
Law Offices of Bobbi C. Sternheim
33 West 19th Street-4th Fl.
New York, NY 10007
Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
Dear Counsel:
The Government writes to notify you that it will take the position that the defendant has waived any defense pursuant to Rule 12.2.
Rule 12.2 provides that, before a defendant asserts an insanity defense or introduces expert evidence “relating to a mental disease or defect or any other mental condition of the defendant bearing on . . . the issue of guilt,” the defendant must provide the Government written notice “within the time provided for filing a pretrial motion, or at any later time the court sets.” Fed. R. Crim. P. 12.2(a)-(b).
The defendant’s pretrial motions were due on January 25, 2021 (Dkt. No. 108), and her supplemental pretrial motions were due on May 7, 2021 (Dkt. No. 250 at 1). Accordingly, the notice period required by Rule 12.2 expired at least five months ago. The Government has not received any such notice. Although the Court has set a deadline of four weeks before trial for defense expert witness disclosures (id. at 2), that is not a deadline for Rule 12.2 notice, and in any event, that deadline would likely provide insufficient time for the Government to assess the defendant’s notice, move for an examination of the defendant pursuant to Rule 12.2(c)(1)(B), retain an expert, and conduct the examination.
EFTA00011133
United States Attorney
Southern District of New York
The Silvio J. Mollo Building
One Saint Andrew's Plaza
New York, New York 10007
October 13, 2021
BY ELECTRONIC MAIL
Christian Everdell, Esq.
Mark Cohen, Esq.
Cohen & Gresser LLP
800 Third Avenue
New York, NY 10022
Laura Menninger, Esq.
Jeffrey Pagliuca, Esq.
Haddon, Morgan and Foreman, P.C.
150 East Tenth Avenue
Denver, CO 80203
Bobbi Sternheim, Esq.
Law Offices of Bobbi C. Sternheim
33 West 19th Street-4th Fl.
New York, NY 10007
Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
Dear Counsel:
The Government writes to notify you that it will take the position that the defendant has waived any defense pursuant to Rule 12.2.
Rule 12.2 provides that, before a defendant asserts an insanity defense or introduces expert evidence “relating to a mental disease or defect or any other mental condition of the defendant bearing on . . . the issue of guilt,” the defendant must provide the Government written notice “within the time provided for filing a pretrial motion, or at any later time the court sets.” Fed. R. Crim. P. 12.2(a)-(b).
The defendant’s pretrial motions were due on January 25, 2021 (Dkt. No. 108), and her supplemental pretrial motions were due on May 7, 2021 (Dkt. No. 250 at 1). Accordingly, the notice period required by Rule 12.2 expired at least five months ago. The Government has not received any such notice. Although the Court has set a deadline of four weeks before trial for defense expert witness disclosures (id. at 2), that is not a deadline for Rule 12.2 notice, and in any event, that deadline would likely provide insufficient time for the Government to assess the defendant’s notice, move for an examination of the defendant pursuant to Rule 12.2(c)(1)(B), retain an expert, and conduct the examination.
EFTA00011133
Page 2
If the defendant intends to offer evidence covered by Rule 12.2 at trial notwithstanding the above, the Government demands notice no later than October 20, 2021, so that the Government may raise the matter with the Court in a timely fashion before trial.
Very truly yours,
DAMIAN WILLIAMS
United States Attorney
By: s/ [Redacted Signature Block]
Assistant United States Attorneys
Southern District of New York
EFTA00011134
If the defendant intends to offer evidence covered by Rule 12.2 at trial notwithstanding the above, the Government demands notice no later than October 20, 2021, so that the Government may raise the matter with the Court in a timely fashion before trial.
Very truly yours,
DAMIAN WILLIAMS
United States Attorney
By: s/ [Redacted Signature Block]
Assistant United States Attorneys
Southern District of New York
EFTA00011134
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