Document 41332

USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC#: DATE FILED:11/11/21 BY EMAIL 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: At the November 1, 2021 pretrial conference, the Court directed the parties to file a joint letter regarding protections for witness identities at trial. In particular, the Court directed the parties to: (1) provide nomenclature for witnesses whose identities should be protected, (2) propose procedures for voir dire related to witness identities, (3) submit a proposed instruction to the jury regarding witnesses testifying under pseudonyms or under their first name only, and (4) address the logistics of offering sealed or redacted exhibits containing personal identifying information. Below are the positions of the parties regarding these logistical considerations. Because this letter contains identifying information relating to victims, the Government respectfully requests that the Court accept the Government's proposed redactions to this letter. Government position: I. Nomenclature With respect to nomenclature for witnesses whose identities should be protected at trial, the Government respectfully submits the following chart, which provides the true names of witnesses and the proposed nomenclature for those witnesses at trial. The Silvio J. Mollo Building One Saint Andrew's Plaza New York, New York 10007 November 10, 2021 The parties are ORDERED to submit the lists referenced in this letter on or before November 14, 2021, in accordance with Dkt. No. 427. The parties may continue submitting proposed redactions in accordance with the procedures this Court has previously set. SO ORDERED. Alison J. Nathan 11/11/21 DOJ-OGR-00006353 --- PAGE BREAK --- Case#: 2020-cr-000838-PAEJN Document#: 41332 Filed: 11/02/2021 Page#: 6 of 7 Page 3 Government requests that the Court direct prospective jurors to read the sheet and to raise a hand if they are familiar with the witnesses or locations. Examination of jurors on this subject would then be conducted at sidebar, with the transcript redacted to remove witness identifying information. III. Limiting Instruction The Government requests that the Court give the jury an instruction that is similar to the instruction Judge Garaufis gave the jury in United States v. Raniere, 18 Cr. 204 (E.D.N.Y.). In that case, Judge Garaufis instructed the jury: You may have noticed during yesterday's testimony that the witness used first names of certain individuals. That is because the names of certain alleged victims are being withheld from the public and the press to protect the privacy of those individuals. I have therefore instructed the parties to refer to those individuals by their first names only; however, those full names are known to the Government, the defendant, and to the Court. An excerpt of the relevant transcript is enclosed as Exhibit A. Here, the Government proposes that the Court instruct the jury: At this trial, certain witnesses will be testifying under their first name only. Other witnesses will be testifying under pseudonyms - that is, under different names. That is because the names of certain alleged victims and related witnesses are being withheld from the public and the press to protect the privacy of those individuals. I have therefore instructed the parties to refer to those individuals by their first names only, or in some instances, by using a pseudonym. However, the full names of the witnesses are known to the Government, the defendant, and to the Court. The Government respectfully submits that the proposed instruction addresses any potential DOJ-OGR-00006355