Document 1:20-cr-00338

8/2/2021 Case 1:20-cr-00338-GHW Document 236 Filed 08/02/21 Page 8 of 10 "I don't believe there is any credible basis whatsoever to assert Ms. Maxwell is the victim. The media blitz the defendant is putting out, I don't believe it's fair to the real victims. I think it's highly undesirable," victims' attorney David Boies said. Woman Files For Divorce After Seeing This Photo - Can You See Why? MISTERSTORY | SPONSORED Keith Urban Just Made A Heartfelt Statement About Nicole Kidman ZENHERALD.COM | SPONSORED No One Knew She Felt This Way For Him Until Now MATERNITYWEEK.COM | SPONSORED e Scene That Made American Pickers Cancel Frank Fritz ey Drained Niagara Falls - They Weren't Prepared For This S..kening Discovery NY DAILY NEWS Queens husband gets 16 years for killing newlywed wife after she flipped him off, challenged his a... NY DAILY NEWS SEE IT: Tourist thrown to ground, dragged down sidewalk by Manhattan mugger after her purse ORLANDO SENTINEL Pictures: Carnival Downtown By JOSEPH ANNESEERATMAN, JOHN ANNESE https://www.nydailynews.com/new-york/ny-ghislainemaxwell-arraignment-20210423-b3aza5eh7bddna7r247px2yb7e-story.html 8/10 DOJ-OGR-00004972 --- PAGE BREAK --- 8/2/2021 Case 1:20-cr-00338-GHW Document 219 Filed 08/02/21 Page 9 of 10 You May Like Sponsored Links by Taboola This Picture Shows Who Prince Harry's Father Really Is Medical Matters Amal Clooney's No Makeup Photo: Her Real Face Is Quite Different Loan Insurance Wealth Faith Hill's Daughter Is Probably The Prettiest Woman To Ever Exist Lovesobserver Here's The Salaries Made For Each Military Rank thedelite.com Archived in US v Maxwell 20CR330 Decided 7/30/21 ADVERTISEMENT This document is protected by copyright. Further reproduction is prohibited without permission. 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The Virginian-Pilot The Daily Meal Studio 1847 COMPANY INFO https://www.nydailynews.com/new-york/ny-ghislaine-maxwell-arraignment-20210423-b3aza5eh7bddna7r247px2yb7e-story.html 9/10 DOJ-OGR-00004973 --- PAGE BREAK --- Case 1:20-cr-00338-PAE Document 1616-2 Filed 02/24/22 Page 23 of 117 A-5838 381 INDEX OF EXAMINATION Page Examination of: SUSAN BRUNE Direct By Ms. Davis . . . . . . . . . . . . 246 Cross By Mr. Shechtman . . . . . . . . . . . . 309 Redirect By Mr. Davis . . . . . . . . . . . . 312 Recross By Mr. Schectman . . . . . . . . . . . . 316 Redirect By Ms. Davis . . . . . . . . . . . . 318 LAURA EDELSTEIN Direct By Mr. Okula . . . . . . . . . . . . 322 Cross By Mr. Schectman . . . . . . . . . . . . 353 Redirect By Mr. Okula . . . . . . . . . . . . 354 PAUL SCHOEMAN Direct By Mr. Shechtman . . . . . . . . . . . . 359 Cross By Mr. Okula . . . . . . . . . . . . 362 Redirect By Mr. Shechtman . . . . . . . . . . . . 366 BARRY H. BERKE Direct By Mr. Shechtman . . . . . . . . . . . . 367 Cross By Mr. Okula . . . . . . . . . . . . 369 Redirect By Mr. Shechtman . . . . . . . . . . . . 376 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009442 --- PAGE BREAK --- Case 1:20-cr-00338-PAE Document 161 Filed 02/24/22 Page 50 of 130 A-5735 278 C2GFDAU1 Brune - direct 1 counsel, correct? 2 A. I was. 3 Q. And that prompted, that note prompted Ms. Trzaskoma and 4 others in your firm to do additional research on Catherine 5 Conrad, correct? 6 A. That's now my understanding, yes. 7 Q. Did you know that at the time? 8 A. No, I don't think so. But I'm not, I really don't think 9 so. 10 Q. So is it your testimony here today that from 7:30 in the 11 morning when Ms. Trzaskoma sends out the first e-mail -- 12 MR. SCHECTMAN: Judge, just for the record, that 7:30 13 is the west coast time on the note, I'm almost certain it's 14 10:30 and I think we can probably stipulate to that. 15 MS. DAVIS: I'm not willing to stipulate to that, your 16 Honor, and I'll move on, but I'm not willing to stipulate to 17 that. 18 A. I'm sorry -- 19 THE COURT: Why don't you put a new question to the 20 witness? 21 Q. So is it your testimony here today that you were neither 22 included on the e-mail traffic nor made aware of the e-mail 23 traffic up through the beginning of jury deliberations? 24 A. I certainly was not included on any e-mail traffic. What 25 I'm saying is I don't have a recollection of being made aware SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009339 --- PAGE BREAK --- Case 1:20-cr-00338-PAE Document 161 Filed 02/24/22 Page 55 of 130 A-5740 283 C2GFDAU1 Brune - direct 1 A. Okay, that's fine. It's certainly so that many of the government witnesses were lawyers and that some of them had pleaded guilty. 4 Q. And their pleas included pleas to making false statements to the IRS, correct? 6 A. That's true. 7 Q. So it's not inconceivable that attorneys lie, correct? 8 A. I don't think that's what I said, but it's certainly not inconceivable that lawyers lie. 9 Q. And at the end of that conversation, you told Theresa Trzaskoma to leave it, correct? 11 A. I don't remember the words, but something to that effect. 12 Q. Now, she had been the partner in charge of the jury selection, correct, in terms of the detail work? 14 A. I was in charge of the jury selection. But you're right, she was closer to it than I. 16 Q. Did she tell you in that conversation that she had basically an "oh, Jesus" moment? 18 A. She certainly did not say that. 19 Q. There was a possibility, Ms. Brune, that this was in fact true information. As you're standing there out in the plaza, that information existed, correct? 22 A. I didn't believe that at the time. 23 Q. Well, you didn't know, bottom line is you didn't know one way or the other, correct? 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009344 --- PAGE BREAK --- Case 1:20-cr-00338-PAE Document 1616 Filed 02/24/22 Page 74 of 117 A-5917 CAC3PARC 15 1 I'm sitting here with a tolling agreement from the 2 Southern District in a case of mine which says as of 3 January 14. Which is faxed on January 16. But everybody 4 wanted it to be effective two days before because that was the 5 agreement, as happens in the Southern District. It happens 6 everywhere. And it doesn't mean backdating. In this case it 7 means this is the price. 8 But all that is a long way of saying there is no proof 9 that he knew this rule. There is no proof it was discussed 10 with him. There is no proof he thought he knew these 11 transactions were wrong. And at the end of the day, when one's 12 argument is he must've known, that's a weak reed, particularly 13 when this prejudice notion is harmless error like. After all, 14 you have Justice Marshall's dissent in Strickland that says it 15 should have been harmless error, it should have been under the 16 government's burden. When you do harmless error analysis, you 17 say two things: What is the nature of the error, and what's 18 the proof. The nature of the error here is that a government 19 partisan out to get him in particular was on the jury. That's 20 a pretty serious error. The proof, far from overwhelming. 21 As I say, I think if I can get you to the prejudice 22 prong, we ought to see you in April and not in January and I 23 hope that's the case. 24 THE COURT: Thank you, Mr. Shechtman. 25 Ms. Davis, does the government want to be heard? Ms. Davis SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009493 --- PAGE BREAK --- Case 1:20-cr-00338-PAE Document 1616620 Filed 02/24/22 Page 98 of 130 A-5783 C2GFDAU3 Edelstein 326 1 mentioned there was a suspended lawyer with the name of 2 Catherine Conrad. The connection that I think she was drawing 3 was that we had received a note from Juror No. 1 that raised 4 certain legal concepts, and that was the connection. I did not 5 ask what the basis was for knowing that there was a suspended 6 lawyer named Catherine Conrad, no, I did not. 7 Q. Wasn't that a highly significant fact to find out that 8 there was a suspended New York attorney with the same name as 9 Juror No. 1? 10 A. Actually, my reaction was it was, I thought it was 11 impossible that they would be the same person based on Juror 12 No. 1's voir dire responses. 13 Q. It is correct, is it not, that if you have two people with 14 similar names that you can do simple, take simple steps to try 15 to increase or decrease the possibility that the two people 16 were the same one. Would you agree with me? 17 A. Hypothetical, if that's what you were doing in a different 18 situation. We were discussing the fact that there was a 19 suspended lawyer with the name of Catherine Conrad. We then 20 were discussing that Juror No. 1 on voir dire in response to 21 the unambiguous question what is your highest level of 22 education said that she had a BA in English. To me that ruled 23 out the possibility that they were the same person. 24 Q. Ms. Edelstein, could you just answer my question that I 25 asked? Are there steps that you can take if you have one SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009387 --- PAGE BREAK --- Case 1:20-cr-00338 Document 615 Filed 02/24/22 Page 148 of 130 A-5803 C2GFDAU3 Edelstein 346 1 knew beforehand in the brief, right? 2 A. No, that's not accurate. 3 Q. Didn't you tell us a few moments ago that you and Ms. Brune 4 had specifically decided that you were not going to include 5 what your firm knew prior to receiving the government letter in 6 your brief, yes or no? 7 A. Yes. 8 Q. So are you saying, then, that you were not trying to convey 9 the notion through the facts section of your brief that you had 10 learned of the Appellate Division report only after you had 11 received the letter from the government? 12 A. No, we weren't trying to convey that impression. 13 MR. OKULA: May I have a moment, your Honor? 14 THE COURT: Take your time. 15 (Pause) 16 Q. Could you turn to Government Exhibit -- I'm sorry, it's defense Exhibit PMD 54. Do you recognize that document? 17 A. Yes. 18 Q. What is it? 19 A. It's the brief that we submitted in support of the motion 20 for a new trial. 21 Q. Can you explain, why does your firm sign it twice? In 22 other words, why do you include it on the front page separate 23 and apart from Susan Brune in New York and you in San 24 Francisco? 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009407