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Case 1:20-cr-00330-PAE Document 390 Filed 10/29/21 Page 6 of 11

The provenance of the exhibit is particularly troubling. The document compilation allegedly surfaced in connection with a former Epstein employee, Alfredo Rodriguez, now deceased. Mr. Rodriguez was attempting to sell the compilation to Brad Edwards, one of the lawyers who was involved in suing Mr. Epstein in 2009.

According to the Criminal Complaint filed against Mr. Rodriguez in 2009, Mr. Rodriguez approached one of the lawyers and offered to sell the lawyer evidence against Mr. Epstein. United States v. Rodriguez, Case No. 9:09-mj-08308-LRJ (S.D. Fla), ECF No. 3, ¶¶3-7. A sting operation was set up by the FBI during which the 97 pages were provided to an undercover officer in exchange for $50,000. Id. at ¶¶ 8-11.

It is unclear what the Government claims these documents are – what is clear, however, is that they are neither authentic nor relevant. It is also obvious that the documents are hearsay, an out of court statement offered for the truth of the matter asserted, in violation of Fed. R. Evid. 801. There is no witness who could identify or attest that these documents qualify for any exception to the hearsay rule.

Given their unknown date of creation, the lack of any authenticating witness, and the fact that the documents do not appear until 2009 – five years after the end of the conspiracies charged in the indictment -- there is no relevance that can be attached to the information. Moreover, any arguable relevance is outweighed by the prejudicial considerations under Fed. R. Evid. 403. It is unclear, and unknown, who created the documents, when they were created, or how they were created. The documents cannot be authenticated and no evidentiary foundation exists that would allow for the admission of the documents. Thus, who may or may not be the author of whatever ended up as these photocopies is not evidence that can or should be considered by any jury in this matter.

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