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656 KB
Extraction Summary
3
People
3
Organizations
2
Locations
1
Events
2
Relationships
4
Quotes
Document Information
Type:
Legal correspondence / court filing
File Size:
656 KB
Summary
This document is a letter filed on October 15, 2021, by the U.S. Attorney's Office to Judge Alison J. Nathan regarding the case United States v. Ghislaine Maxwell. The Government is responding to a court order concerning the deadline for the defendant to file a motion under Federal Rule of Evidence 412, which governs the admissibility of evidence regarding a victim's sexual behavior. The document outlines the legal standards and purpose of Rule 412, emphasizing victim privacy protections.
People (3)
| Name | Role | Context |
|---|---|---|
| Alison J. Nathan | Judge |
Recipient of the letter; United States District Court Judge.
|
| Ghislaine Maxwell | Defendant |
Defendant in the case United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN).
|
| Rivera | Case Law Subject |
Referenced in case citation United States v. Rivera regarding Rule 412.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| U.S. Department of Justice |
Header organization
|
|
| United States Attorney Southern District of New York |
Sender organization
|
|
| United States District Court Southern District of New York |
Recipient court
|
Timeline (1 events)
November 15, 2021
Proposed deadline for defendant to file a motion under Federal Rule of Evidence 412.
Southern District of New York
Locations (2)
| Location | Context |
|---|---|
|
Sender's address (US Attorney)
|
|
|
Recipient's address (Judge Nathan)
|
Relationships (2)
United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
Judge presiding over Maxwell's case
Key Quotes (4)
"confirm that November 15, 2021 is the deadline for [her] to file a motion under Federal Rule of Evidence 412."Source
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Quote #1
"evidence offered to prove that a victim engaged in other sexual behavior' is inadmissible."Source
DOJ-OGR-00005237.jpg
Quote #2
"The Rule 'aims to safeguard the alleged victim against the invasion of privacy, potential embarrassment and sexual stereotyping that is associated with public disclosure of intimate sexual details.'"Source
DOJ-OGR-00005237.jpg
Quote #3
"[i]f a party intends to offer evidence under Rule 412(b),' the party must file a motion specifically describing the evidence and the purpose of the evidence"Source
DOJ-OGR-00005237.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,831 characters)
Case 1:20-cr-00330-PAE Document 351 Filed 10/15/21 Page 1 of 4
U.S. Department of Justice
U.S. Department of Justice
United States Attorney
Southern District of New York
Southern District of New York
The Silvio J. Mollo Building
One Saint Andrew's Plaza
New York, New York 10007
One Saint Andrew's Plaza
New York, New York 10007
October 15, 2021
BY ECF
The Honorable Alison J. Nathan
United States District Court
Southern District of New York
United States Courthouse
40 Foley Square
New York, New York 10007
The Honorable Alison J. Nathan
United States District Court
Southern District of New York
United States Courthouse
40 Foley Square
New York, New York 10007
Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
Dear Judge Nathan:
The Government respectfully submits this letter in response to the Court’s Order dated
October 14, 2021 (Dkt. No. 347) ordering the Government to respond to the defendant’s October
14, 2021 letter regarding the deadline for filing a motion under Federal Rule of Evidence 412 (Dkt.
No. 345). In particular, the defendant wrote the Court to “confirm that November 15, 2021 is the
deadline for [her] to file a motion under Federal Rule of Evidence 412.” (Dkt. No. 345).
October 14, 2021 (Dkt. No. 347) ordering the Government to respond to the defendant’s October
14, 2021 letter regarding the deadline for filing a motion under Federal Rule of Evidence 412 (Dkt.
No. 345). In particular, the defendant wrote the Court to “confirm that November 15, 2021 is the
deadline for [her] to file a motion under Federal Rule of Evidence 412.” (Dkt. No. 345).
Federal Rule of Evidence 412(a)(1) provides that in a case involving allegations of sexual
misconduct, “evidence offered to prove that a victim engaged in other sexual behavior” is
inadmissible. The Rule “‘aims to safeguard the alleged victim against the invasion of privacy,
potential embarrassment and sexual stereotyping that is associated with public disclosure of
intimate sexual details.’” United States v. Rivera, 799 F.3d 180, 184 (2d Cir. 2015) (quoting Fed.
R. Evid. 412 advisory committee’s note). “The exclusion, however, is not absolute” as Rule 412(b)
provides certain exceptions to this general prohibition in criminal cases. Id. Rule 412 provides
that “[i]f a party intends to offer evidence under Rule 412(b),” the party must file a motion
specifically describing the evidence and the purpose of the evidence, Fed. R. Evid. 412(c)(1)(A),
misconduct, “evidence offered to prove that a victim engaged in other sexual behavior” is
inadmissible. The Rule “‘aims to safeguard the alleged victim against the invasion of privacy,
potential embarrassment and sexual stereotyping that is associated with public disclosure of
intimate sexual details.’” United States v. Rivera, 799 F.3d 180, 184 (2d Cir. 2015) (quoting Fed.
R. Evid. 412 advisory committee’s note). “The exclusion, however, is not absolute” as Rule 412(b)
provides certain exceptions to this general prohibition in criminal cases. Id. Rule 412 provides
that “[i]f a party intends to offer evidence under Rule 412(b),” the party must file a motion
specifically describing the evidence and the purpose of the evidence, Fed. R. Evid. 412(c)(1)(A),
DOJ-OGR-00005237
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