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Case 1:20-cr-00330-AJN Document 148 Filed 02/04/21 Page 6 of 23

in court conferences, in lawsuits, and in the press. Without this basic information, Ms. Maxwell
cannot adequately investigate the allegations against her and prepare for trial.

The voluminous discovery provided by the government, which totals in the millions of
pages—the vast majority of which was produced to the defense in November 2020—does not
shed any more light on the nature of the government proof or the specifics of the alleged
conduct.² The discovery contains only a handful of documents that even pertain to the time
period charged in the indictment (1994-1997), and what little exists offers almost no information
about the details of, for example, exactly when and where the alleged incidents of sexual abuse
took place, who was allegedly present, and how the alleged conduct violated the law. Without
these details, which Ms. Maxwell is requesting through a bill of particulars, she cannot identify
relevant witnesses or documents that she may wish to obtain to prepare her defense.

It is clear that the detail about how these alleged offenses took place will come solely
from the statements of the government’s witnesses. Accordingly, it is critical that Ms. Maxwell
receive Jencks Act material and the government’s witness list, as well as 404(b) evidence, well
in advance of trial so that she can conduct an adequate investigation. The unique circumstances
of this case more than warrant early disclosure of this material. The conduct alleged in the
indictment dates back 25 years, making investigation and preparation of the case complex and
difficult. The global COVID-19 pandemic adds further complications and obstacles to trial
preparation. The Court has recognized that Ms. Maxwell should be granted ample time to
review documents related to witnesses in this case. (See Dkt. 73 (ordering the government to
produce documents related to certain non-testifying witnesses by March 12, 2021 “to ensure that

² Ms. Maxwell is still reviewing the discovery, including the over two million pages produced in November 2020.
In deference to the Court’s schedule and in light of the trial date, we have not asked the Court to further extend the
deadline to file pretrial motions. However, Ms. Maxwell reserves her right to supplement these motions at a later
date if her review of discovery uncovers documents that warrant additional requests.

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