Document 261

Case 1:20-cr-00330-PAE Document 261 Filed 05/03/21 Page 1 of 9 1 L4N3MAXC Arraignment UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------x UNITED STATES OF AMERICA, v. 20 CR 330 (AJN) GHISLANE MAXWELL, Defendant. -----------------------------------x New York, N.Y. April 23, 2021 2:30 p.m. Before: HON. ALISON J. NATHAN, District Judge APPEARANCES AUDREY STRAUSS Acting United States Attorney for the Southern District of New York MAURENE R. COMEY ALISON G. MOE LARA E. POMERANTZ ANDREW ROHRBACH Assistant United States Attorneys LAW OFFICES OF BOBBI C. STERNHEIM Attorneys for Defendant BOBBI C. STERNHEIM -and- COHEN & GRESSER LLP Attorneys for Defendant CHRISTIAN R. EVERDELL -and- HADDON, MORGAN AND FOREMAN, P.C. Attorneys for Defendant JEFFREY S. PAGLIUCA LAURA A. MENNINGER ALSO PRESENT: Special Agent Amanda Young, FBI SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00004065 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 261 Filed 05/03/21 Page 2 of 9 2 L4N3MAXC Arraignment (In open court) THE DEPUTY CLERK: In the case of United States v. Ghislaine Maxwell, 20 CR 330, counsel, please state your name for the record, beginning with the government. MS. COMEY: Good afternoon, your Honor. Maurene Comey for the government. Joining me at counsel table is AUSAs Alison Moe and Lara Pomerantz. I would also note that AUSA Andrew Rohrbach is in the courtroom, and so is Special Agent Amanda Young of the FBI. THE COURT: Thank you, Ms. Comey, and good afternoon. MS. STERNHEIM: Good afternoon, Judge Nathan. Bobbi C. Sternheim, Jeff Pagliuca, Christian Everdell, and Laura Menninger for Ghislaine Maxwell, who is seated next to me in the courtroom. THE COURT: Good afternoon, everyone. We are here today for an arraignment on the S2 superseding indictment in this case. I do have a few preliminary matters. First, the Southern District court has provided for broad public access to this proceeding, both here in the courtroom, overflow courtrooms, and access to the live audio over the phone line. We have ensured access for alleged victims and their counsel as well as members of Ms. Maxwell's family, and I thank everyone for being here. Second, as my courtroom deputy indicated, but I will SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00004066 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 261 Filed 05/03/21 Page 3 of 9 3 L4N3MAXC Arraignment 1 reiterate, federal law prohibits the recording or 2 rebroadcasting of this proceeding. Failure to comply could 3 result in being held in contempt of court. 4 The third preliminary matter, this is our first 5 conference since Congress amended Federal Rule of Criminal 6 Procedure 5(f). Pursuant to that amendment, I am required at 7 this conference to remind the prosecution of its obligation 8 under Brady v. Maryland and related cases to disclose to the 9 defense all information, whether admissible or not, that is 10 favorable to the defendant, material either to guilt or to 11 punishment, and known to the prosecution. The prosecution must 12 make good-faith efforts to disclose such information to the 13 defense as soon as reasonably possible. Failure to do so may 14 result in any number of consequences including a continuance, 15 sanctions, dismissal, or vacatur of a conviction. 16 I have entered a written order describing more fully 17 these obligations and the possible consequences of failing to 18 meet them, and I direct the prosecution to review and comply 19 with that order. 20 Ms. Comey, does the prosecution confirm that it 21 understands its obligations and either has fulfilled or will 22 fulfill them? 23 MS. COMEY: Yes, your Honor. 24 THE COURT: With that I'll turn to the arraignment. 25 Ms. Maxwell, have you received a copy of the S2, the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00004067 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 261 Filed 05/03/21 Page 4 of 9 4 L4N3MAXC Arraignment superseding indictment in this case? THE DEFENDANT: Yes, your Honor. THE COURT: Have you had time to review it with your attorney? THE DEFENDANT: I have, your Honor. THE COURT: You have a right to have the indictment read to you here in open court or you can waive the public reading. Do you waive the public reading? THE DEFENDANT: I waive the public reading. THE COURT: Ms. Sternheim, how does your client wish to plead? MS. STERNHEIM: She enters a plea of not guilty. THE COURT: Thank you. With that I note that we do have a number of scheduling issues pending. I have received the parties' briefing on the defense's request for a continuance of the trial date until either the fall or winter. I'm considering that request and gathering information. I will provide resolution as soon as I can, and I believe it is important to do so quickly. As I've stated, however, unless and until you hear further from me, you must assume that I will request a jury selection date as close to the planned July 12 date as possible. I have also received the parties' proposed schedules SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00004068 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 261 Filed 05/03/21 Page 5 of 9 L4N3MAXC Arraignment for various pretrial disclosures and other pretrial matters. I am working on that, and I'll address those issues in an order soon. In the meantime, I see the government agreed to make expert disclosures today, and the parties have agreed to dates for supplemental briefing of pretrial motions based only on what pertains to the S2 indictment, and I am fine with those proposals, and I think that's what you need in the immediate. With that, Ms. Comey, is there anything else the Court can address at this time? MS. COMEY: Nothing from the government, your Honor. Thank you. THE COURT: Ms. Sternheim? MS. STERNHEIM: May I have a moment? THE COURT: You may. (Counsel conferring) MS. STERNHEIM: Your Honor, if I might ask that Mr. Pagliuca speak on one issue concerning the schedule. THE COURT: Okay. MR. PAGLIUCA: Good afternoon. THE COURT: Good afternoon. Just pull a little closer to the mic so I can hear you. MR. PAGLIUCA: Yes, your Honor. This only has to do with what's been submitted to the Court as an agreed-upon motion in limine schedule. I want the Court to understand that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00004069 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 261 Filed 05/03/21 Page 6 of 9 L4N3MAXC Arraignment that agreed-upon motion in limine schedule, frankly, is dependent on the various disclosure dates that the defense has requested. And I wasn't sure that that was specific enough in the submission that we made. But, we don't think it's tenable to stick to the motion in limine schedule based on the government's proposed disclosures. THE COURT: You're essentially seeking four weeks from disclosure to briefing on in limine. MR. PAGLIUCA: Exactly. THE COURT: And the government is proposing to give you two weeks. MR. PAGLIUCA: Correct. And it's less for the exhibits, because we only have, under the government's proposal, three days to respond with any motions in limine to exhibits. So, that's the difference that I wanted the Court to be aware of. THE COURT: I do see that. Thank you. Ms. Comey, there will undoubtedly be briefing. Counsel needs time to review whatever the volume of that material will be, the Court needs time to resolve the motions. Is the government amenable to eight weeks for that disclosure? MS. COMEY: Your Honor, the reason we've proposed 45 days is because, assuming the trial goes forward on July 12 as scheduled, the government wants to make sure that we have time to be careful and thorough in reviewing our files and making S O U T H E R N D I S T R I C T R E P O R T E R S, P.C. (212) 805-0300 DOJ-OGR-00004070 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 261 Filed 05/03/21 Page 7 of 9 L4N3MAXC Arraignment sure that our disclosures are complete and are prepared. Given the number of other items that need to be taken care of between now and 45 days before trial, we proposed 45 days before trial because we are confident that we can complete a thorough review of voluminous files to make sure we have satisfied our disclosure obligations by that date. THE COURT: If we split the difference, they're saying eight weeks, you are saying six weeks. How about seven? MS. COMEY: Your Honor, whatever your Honor directs, we would certainly make our absolute best efforts. Our estimate is based on the volume of files that your Honor is aware we need to review. It is that we are confident and comfortable that we can make the disclosure 45 days before trial. THE COURT: I'm thinking of splitting that difference. The government has a lot to review to make sure it's making those disclosures fully. Whatever the volume of that material is, the defense has to have time to review it. This schedule, assuming trial stays in July, this is the schedule. If trial were to move, this is the same schedule. So, they don't get any more time to review the material, whatever happens with the trial date. And as I say, everyone should assume July. But I think, sounds like the government would be agreeable to a seven-week disclosure date. MS. COMEY: May I have a moment, your Honor? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00004071 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 261 Filed 05/03/21 Page 8 of 9 L4N3MAXC Arraignment 1 THE COURT: You may. 2 (Counsel conferring) 3 MS. COMEY: Your Honor, I would just note, given the volume, we would certainly make a first production seven weeks out from trial. But as is typical in preparing for trials, especially trials that involve so much material, there may be rolling productions after those seven weeks. And as is typical with trials in this district, it is possible there may be supplemental motions in limine after the date that the parties have proposed for motions in limine in this case. 4 5 We would absolutely make our best efforts to meet the seven-week deadline as opposed to the six-week deadline, but I did want to be candid with the Court about our estimations of how quickly we'll be able to complete those disclosures thoroughly and carefully. 6 7 THE COURT: Okay. I mean, I'm likely to adopt the seven weeks, given that, and urge the government to do what it needs to do to be ready for that. And to the extent that there is some additional supplementation that has to be done after that date, we can consider that. But the government's proposing six weeks. I think we're coming to agreement on seven weeks. So, there is a lot to do for everyone, and we'll get it done. 8 9 MS. COMEY: Thank you, your Honor. 10 11 THE COURT: Counsel, is there anything else I can SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00004072 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 261 Filed 05/03/21 Page 9 of 9 9 L4N3MAXC Arraignment 1 address at this time? 2 MS. STERNHEIM: No, thank you. 3 MR. PAGLIUCA: No, your Honor. Thank you. 4 THE COURT: We are adjourned. 5 (Adjourned) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00004073