Document 11220cr00339

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA - v. - GHISLAINE MAXWELL, Defendant. ALISON J. NATHAN, United States District Judge: WHEREAS the Court has ordered production of materials from the Epstein Victims' Compensation Fund to the Court pursuant to Fed. R. Crim. P. 17(c) (the "Rule 17 Materials") (see Dkt. No. 496); WHEREAS those materials are likely to contain information that would (i) affect the privacy and confidentiality of individuals, (ii) would risk prejudicial pretrial publicity if publicly disseminated, and (iii) are not authorized to be disclosed to the public or disclosed beyond that which is necessary for the trial in this action; WHEREAS the Court has directed the parties to negotiate and submit a proposed protective order; IT HEREBY IS ORDERED: 1. Any and all Rule 17 Materials disclosed to the Government, the defendant ("Defendant"), and/or to the defendant's criminal defense attorneys ("Defense Counsel," and --- PAGE BREAK --- Case1:20-cr-00339 Document#: 4326-1 Filed: 11/12/21 Page1606of127 Proceedings 245 1 the aspects of the motion we filed, and I think it's a lot for 2 the Court to have to deal with, quite frankly, and I know the 3 Court is going to try and do the best it can with the 4 situation, but I don't think it's tenable and -- I don't ask 5 for mistrials easily. I have probably asked for four in my 6 entire career, I don't see a way out of this problem. 7 (Pause.) 8 THE COURT: All right, I'm going to deny the 9 defendant's motion for a mistrial. Any issues caused by a 10 witness referring to certain individuals by their first name 11 only and by asking the Government if they may use last names 12 of certain other individuals can be cured by a jury 13 instruction, which I will give. Going forward, the Government 14 shall provide the defendant and each witness, including the 15 current witness, with a list of the individuals whose identity 16 should be protected from the public and the press, that way 17 each witness can refer to the list rather than asking the 18 Government whether a particular individual's identity is 19 protected. 20 You don't have a proposed jury instruction. 21 MS. PENZA: Not yet, Your Honor. 22 THE COURT: I have one. 23 To the jurors: You may have noticed during 24 yesterday's testimony that the witness used first names of 25 certain individuals. That is because the names of certain Denise Parisi , RPR , CRR Official Court Reporter DOJ-OGR-00006358