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744 KB
Extraction Summary
3
People
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Organizations
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Court filing / legal motion (case 1:20-cr-00330-pae)
File Size:
744 KB
Summary
This is Page 3 of a legal filing (Document 351) in Case 1:20-cr-00330-PAE (United States v. Ghislaine Maxwell), filed on October 15, 2021. The Government argues that the Defense's proposed deadline of November 15, 2021, for filing Rule 412 motions (concerning the admissibility of evidence regarding a victim's sexual behavior) is too close to trial, specifically conflicting with jury selection and the Thanksgiving holiday. The Government requests an earlier deadline to ensure victims have sufficient notice and the Court has time to resolve sensitive issues.
People (3)
| Name | Role | Context |
|---|---|---|
| The Government | Prosecution |
Requesting earlier deadlines for Rule 412 motions; produced discovery materials.
|
| The Defense | Defense Attorneys |
Recipient of discovery materials; expected to file Rule 412 motion.
|
| Victim witnesses | Witnesses |
Multiple victims mentioned who have a right to be heard regarding Rule 412 motions.
|
Locations (1)
| Location | Context |
|---|---|
|
District Court for the District of Columbia (referenced in case citation United States v. Smith).
|
Relationships (2)
Government arguing against Defense's proposed schedule for Rule 412 motions.
Government advocating for sufficient notice for victims to prepare for in camera hearings.
Key Quotes (3)
"The notice requirement should be seen as serving two purposes: 1) aiding the Court in determining the threshold matter of whether a hearing is necessary; and 2) providing sufficient notice to the nonmovant and victim alike to prepare for and argue against the necessity of any in camera hearing."Source
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Quote #1
"The Government respectfully submits that the Court has 'good cause' to set an earlier deadline in order to ensure that any issues stemming from Rule 412 litigation are resolved in a timely fashion in advance of trial"Source
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Quote #2
"At some point over the following two weeks—during jury selection and the Thanksgiving holiday—the Government will respond to the motion, and the Court 'must conduct an in camera hearing' that gives the parties and the victims the right to be heard."Source
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Quote #3
Full Extracted Text
Complete text extracted from the document (2,230 characters)
Case 1:20-cr-00330-PAE Document 351 Filed 10/15/21 Page 3 of 4
Page 3
Page 3
“Given that the hearing provides an opportunity for the Rule 412 movant to detail the evidence he
seeks to admit and for the parties to discuss the propriety of its admission, the notice requirement
should be seen as serving two purposes: 1) aiding the Court in determining the threshold matter of
whether a hearing is necessary; and 2) providing sufficient notice to the nonmovant and victim
alike to prepare for and argue against the necessity of any in camera hearing.” United States v.
Smith, 19 Cr. 324 (BAH), 2020 WL 5995100, at *19 (D.D.C. Oct. 9, 2020).
seeks to admit and for the parties to discuss the propriety of its admission, the notice requirement
should be seen as serving two purposes: 1) aiding the Court in determining the threshold matter of
whether a hearing is necessary; and 2) providing sufficient notice to the nonmovant and victim
alike to prepare for and argue against the necessity of any in camera hearing.” United States v.
Smith, 19 Cr. 324 (BAH), 2020 WL 5995100, at *19 (D.D.C. Oct. 9, 2020).
Here, the Government produced to the defense a witness list, Giglio material, Jencks Act
material, and notice pursuant to Federal Rule of Evidence 404(b) by October 11, 2021, or 7 weeks
in advance of trial. The Government understands that the Court’s schedule for early disclosure of
Jencks Act material and early motions in limine was designed, in part, to ensure that any significant
issues are resolved substantially in advance of trial. The Government respectfully submits that the
Court has “good cause” to set an earlier deadline in order to ensure that any issues stemming from
Rule 412 litigation are resolved in a timely fashion in advance of trial, including the need for the
Government to investigate and meaningfully respond to such sensitive and important issues. See
Smith, 2020 WL 5995100, at *19.
material, and notice pursuant to Federal Rule of Evidence 404(b) by October 11, 2021, or 7 weeks
in advance of trial. The Government understands that the Court’s schedule for early disclosure of
Jencks Act material and early motions in limine was designed, in part, to ensure that any significant
issues are resolved substantially in advance of trial. The Government respectfully submits that the
Court has “good cause” to set an earlier deadline in order to ensure that any issues stemming from
Rule 412 litigation are resolved in a timely fashion in advance of trial, including the need for the
Government to investigate and meaningfully respond to such sensitive and important issues. See
Smith, 2020 WL 5995100, at *19.
Additionally, a deadline of 14 days before trial for the defense’s Rule 412 motion is not
practical in light of the trial schedule. Under the defense schedule, the defense will file their Rule
412 motion on November 15, 2021, and give notice to both the Government and victims. See Fed.
R. Evid. 412(c)(1)(D). At some point over the following two weeks—during jury selection and
the Thanksgiving holiday—the Government will respond to the motion, and the Court “must
conduct an in camera hearing” that gives the parties and the victims the right to be heard. See Fed.
R. Evid. 412(c)(2). Given that there are multiple victim witnesses and the defense has not yet
notified the Government whether it intends to make a Rule 412 motion as to one or more than one
practical in light of the trial schedule. Under the defense schedule, the defense will file their Rule
412 motion on November 15, 2021, and give notice to both the Government and victims. See Fed.
R. Evid. 412(c)(1)(D). At some point over the following two weeks—during jury selection and
the Thanksgiving holiday—the Government will respond to the motion, and the Court “must
conduct an in camera hearing” that gives the parties and the victims the right to be heard. See Fed.
R. Evid. 412(c)(2). Given that there are multiple victim witnesses and the defense has not yet
notified the Government whether it intends to make a Rule 412 motion as to one or more than one
DOJ-OGR-00005239
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