EFTA00016720.pdf
155 KB
Extraction Summary
3
People
2
Organizations
2
Locations
3
Events
1
Relationships
4
Quotes
Document Information
Type:
Legal letter / court filing
File Size:
155 KB
Summary
This document is a letter from defense attorney Jeffrey Pagliuca to Judge Alison Nathan dated October 14, 2021, regarding the case United States v. Ghislaine Maxwell. The defense requests confirmation that the deadline for filing a motion under Federal Rule of Evidence 412 (regarding alleged victims' sexual behavior) is November 15, 2021. The letter argues that recent massive discovery disclosures (over 8,000 pages of 3500 material) and notices regarding Rule 404(b) witnesses received just three days prior require additional time for review, especially given Maxwell's incarceration.
People (3)
| Name | Role | Context |
|---|---|---|
| Jeffrey S. Pagliuca | Defense Attorney |
Author of the letter representing Ghislaine Maxwell.
|
| Alison J. Nathan | Judge |
Recipient of the letter; Judge for United States District Court Southern District of New York.
|
| Ghislaine Maxwell | Defendant |
Subject of the case; currently in custody.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Haddon, Morgan and Foreman, P.C. |
Law firm representing Ghislaine Maxwell.
|
|
| United States District Court Southern District of New York |
Court where the case is being heard.
|
Timeline (3 events)
2021-10-11
Government disclosed its 3500 material (8,000+ pages) and alerted defense to anticipated Rule 404(b) witnesses.
N/A
Government
Defense Counsel
2021-10-14
Ms. Maxwell provided a copy of the government's disclosures in the late morning.
Custody
2021-11-15
Proposed deadline for filing motion under Federal Rule of Evidence 412.
N/A
Defense Counsel
Locations (2)
| Location | Context |
|---|---|
|
Address of the United States District Court.
|
|
|
Address of Haddon, Morgan and Foreman, P.C.
|
Relationships (1)
Pagliuca is writing on behalf of Maxwell as her counsel.
Key Quotes (4)
"I write to confirm that November 15, 2021 is the deadline for Ms. Maxwell to file a motion under Federal Rule of Evidence 412, which governs the admissibility of evidence of an alleged victim's sexual behavior."Source
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Quote #1
"A motion under Rule 412 is not a motion in limine. Rather, it is a motion seeking permission to admit evidence the Rules of Evidence might otherwise exclude."Source
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Quote #2
"Ms. Maxwell should not be required to file her Rule 412 motion any time before November 15, since it was just three days ago (October 11) that the government disclosed its 3500 material, including more than 8,000 pages of testifying witness disclosures."Source
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Quote #3
"Rule 412's procedures apply not just to alleged victims named in the indictment but to any alleged victim in a case involving sexual misconduct, including alleged 404(b) victims."Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (4,348 characters)
Case 1:20-cr-00330-AJN Document 345 Filed 10/14/21 Page 1 of 3
Haddon, Morgan and Foreman, P.C
Jeffrey Pagliuca
HADDON
MORGAN
FOREMAN
Haddon, Morgan and Foreman, P.C
Jeffrey Pagliuca
HADDON
MORGAN
FOREMAN
October 14, 2021
VIA ECF
The Honorable Alison J. Nathan
United States District Court
Southern District of New York
40 Foley Square
New York, NY 10007
150 East 10th Avenue
Denver, Colorado 80203
www.hmflaw.com
VIA ECF
The Honorable Alison J. Nathan
United States District Court
Southern District of New York
40 Foley Square
New York, NY 10007
150 East 10th Avenue
Denver, Colorado 80203
www.hmflaw.com
Re: Deadline for Filing Motion under Federal Rule of Evidence 412,
United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
Dear Judge Nathan,
I write to confirm that November 15, 2021 is the deadline for Ms. Maxwell to file a
motion under Federal Rule of Evidence 412, which governs the admissibility of evidence of an
alleged victim's sexual behavior.
motion under Federal Rule of Evidence 412, which governs the admissibility of evidence of an
alleged victim's sexual behavior.
Under this Court's pretrial scheduling order, motions in limine are due on October 18. A
motion in limine is a "pretrial request that certain inadmissible evidence not be referred to or
offered at trial." Black's Law Dictionary (11th ed. 2019).
motion in limine is a "pretrial request that certain inadmissible evidence not be referred to or
offered at trial." Black's Law Dictionary (11th ed. 2019).
A motion under Rule 412 is not a motion in limine. Rather, it is a motion seeking
permission to admit evidence the Rules of Evidence might otherwise exclude. It is a substantive
motion under a specific rule of evidence with specific procedures for its filing, consideration, and
determination. Fed. R. Evid. 412(c). And the Rule itself sets a deadline for filing a motion under
its terms—14 days before trial. Fed. R. Evid. 412(c)(1)(B) (providing that a defendant must file
her motion "at least 14 days before trial unless the court, for good cause, sets a different time").
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permission to admit evidence the Rules of Evidence might otherwise exclude. It is a substantive
motion under a specific rule of evidence with specific procedures for its filing, consideration, and
determination. Fed. R. Evid. 412(c). And the Rule itself sets a deadline for filing a motion under
its terms—14 days before trial. Fed. R. Evid. 412(c)(1)(B) (providing that a defendant must file
her motion "at least 14 days before trial unless the court, for good cause, sets a different time").
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Case 1:20-cr-00330-AJN Document 345 Filed 10/14/21 Page 2 of 3
The Honorable Alison J. Nathan
October 14, 2021
Page 2
The Honorable Alison J. Nathan
October 14, 2021
Page 2
Ms. Maxwell's counsel conferred with the government about the timing for filing a
motion under Rule 412. The government seeks to have the motion briefed before jury selection
begins.
motion under Rule 412. The government seeks to have the motion briefed before jury selection
begins.
Implicit in the language of Rule 412(c)(1)(B) is authority for the Court to permit a
defendant to file a motion closer to trial than 14 days, for good cause. But contrary to the
government's suggestion, the Rule does not contemplate a deadline more than 14 days before
trial.¹
defendant to file a motion closer to trial than 14 days, for good cause. But contrary to the
government's suggestion, the Rule does not contemplate a deadline more than 14 days before
trial.¹
In any event, Ms. Maxwell should not be required to file her Rule 412 motion any time
before November 15, since it was just three days ago (October 11) that the government disclosed
its 3500 material, including more than 8,000 pages of testifying witness disclosures. It will
require significant time and resources to review and investigate this material and to identify any
potentially admissible Rule 412 evidence.
before November 15, since it was just three days ago (October 11) that the government disclosed
its 3500 material, including more than 8,000 pages of testifying witness disclosures. It will
require significant time and resources to review and investigate this material and to identify any
potentially admissible Rule 412 evidence.
It was also just three days ago that the government alerted defense counsel to its
anticipated Rule 404(b) witnesses. Rule 412's procedures apply not just to alleged victims named
in the indictment but to any alleged victim in a case involving sexual misconduct, including
alleged 404(b) victims. Fed. R. Evid. 412, Advisory Committee Notes, 1994 Amendments
("Rule 412 extends to 'pattern' witnesses in both criminal and civil cases about other instances
of sexual misconduct by the person accused is otherwise admissible.").
anticipated Rule 404(b) witnesses. Rule 412's procedures apply not just to alleged victims named
in the indictment but to any alleged victim in a case involving sexual misconduct, including
alleged 404(b) victims. Fed. R. Evid. 412, Advisory Committee Notes, 1994 Amendments
("Rule 412 extends to 'pattern' witnesses in both criminal and civil cases about other instances
of sexual misconduct by the person accused is otherwise admissible.").
Finally, Ms. Maxwell (who is in custody) was only provided a copy of the government's
disclosures earlier today in the late morning. Until Ms. Maxwell is able to review the material,
disclosures earlier today in the late morning. Until Ms. Maxwell is able to review the material,
¹ See Fed. R. Evid. 412, Advisory Committee Notes, 1994 Amendments, Subdivision (c)
("The requirement of a motion before trial is continued in the amended rule, as is the provision
that a late motion may be permitted for good cause shown." (emphasis added)).
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("The requirement of a motion before trial is continued in the amended rule, as is the provision
that a late motion may be permitted for good cause shown." (emphasis added)).
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Case 1:20-cr-00330-AJN Document 345 Filed 10/14/21 Page 3 of 3
The Honorable Alison J. Nathan
October 14, 2021
Page 3
The Honorable Alison J. Nathan
October 14, 2021
Page 3
her counsel cannot adequately consult with her about the defense. Allowing Ms. Maxwell to file
her Rule 412 motion 14 days before trial, as the Rule itself provides, is essential for counsel to
effectively consult with Ms. Maxwell, to investigate and research what evidence they will seek to
admit under Rule 412, as well as to comply with the several procedural steps required by the
Rule.
her Rule 412 motion 14 days before trial, as the Rule itself provides, is essential for counsel to
effectively consult with Ms. Maxwell, to investigate and research what evidence they will seek to
admit under Rule 412, as well as to comply with the several procedural steps required by the
Rule.
Accordingly, unless this Court orders otherwise, Ms. Maxwell will file her Rule 412
motion on or before November 15, 2021, as provided in Rule 412(c)(1)(B).
motion on or before November 15, 2021, as provided in Rule 412(c)(1)(B).
Respectfully Submitted,
Jeffrey S. Pagliuca
CC: Counsel of Record (via ECF)
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