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Document 458

AI Analysis

Summary: The court order addresses the Government's letter motion seeking clarification on two items from the November 1, 2021 pretrial conference. The court rules that the defendant's Sixth Amendment right to meaningful cross-examination should not be unduly curtailed and allows questioning about the type and genre of witnesses' employment.
Significance: This document is significant because it clarifies the limits on cross-examination of witnesses testifying under a pseudonym and orders the Government to submit a proposed order regarding sketch artist depictions of certain witnesses, potentially impacting the defendant's right to a fair trial.
Key Topics: Cross-examination of witnesses testifying under a pseudonym Limits on questioning witnesses about their careers Sketch artist depictions of certain witnesses
Key People:
  • Alison J. Nathan - United States District Judge
  • Ghislainc Maxwell - Defendant

Full Text

Case 1:20-cr-00330-PAE Document 458 Filed 11/12/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States of America, -v- Ghislainc Maxwell, Defendant. 20-CR-330 (AJN) ORDER ALISON J. NATHAN, District Judge: The Court is in receipt of the Government's letter motion seeking clarification on two items from the November 1, 2021 pretrial conference. Dkt. No. 455. As to the first item, the Government seeks clarification about the line between permissible and impermissible cross-examination for witnesses testifying under a pseudonym. The Government's suggested level of generality as to permissible cross-examination of the witnesses' careers would unduly curtail the Defendant's Sixth Amendment right to meaningful cross-examination. See United States v. Figueroa, 548 F.3d 222, 227 (2d Cir. 2008). The line of questioning the Government identifies may be relevant to a juror's credibility determination and thus the Court will not limit the Defendant's ability to pursue such questioning on cross-examination. As the Court noted at the November 1 conference, the Defendant may not elicit the name of a specific employer, but the type and genre of employment may be relevant to the jury's assessment of credibilty. Nov. 1, 2021 Transcript at 11-12. As to the second item, the Government is ORDERED to submit a proposed order regarding sketch artist depictions of certain witnesses on or before November 18, 2021. SO ORDERED. 1 DOJ-OGR-00006971 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 458 Filed 11/12/21 Page 2 of 2 Dated: November 12, 2021 New York, New York Alison J. Nathan United States District Judge 2 DOJ-OGR-00006972

Individual Pages

Page 1 of 2 - DOJ-OGR-00006971
Case 1:20-cr-00330-PAE Document 458 Filed 11/12/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States of America, -v- Ghislainc Maxwell, Defendant. 20-CR-330 (AJN) ORDER ALISON J. NATHAN, District Judge: The Court is in receipt of the Government's letter motion seeking clarification on two items from the November 1, 2021 pretrial conference. Dkt. No. 455. As to the first item, the Government seeks clarification about the line between permissible and impermissible cross-examination for witnesses testifying under a pseudonym. The Government's suggested level of generality as to permissible cross-examination of the witnesses' careers would unduly curtail the Defendant's Sixth Amendment right to meaningful cross-examination. See United States v. Figueroa, 548 F.3d 222, 227 (2d Cir. 2008). The line of questioning the Government identifies may be relevant to a juror's credibility determination and thus the Court will not limit the Defendant's ability to pursue such questioning on cross-examination. As the Court noted at the November 1 conference, the Defendant may not elicit the name of a specific employer, but the type and genre of employment may be relevant to the jury's assessment of credibilty. Nov. 1, 2021 Transcript at 11-12. As to the second item, the Government is ORDERED to submit a proposed order regarding sketch artist depictions of certain witnesses on or before November 18, 2021. SO ORDERED. 1 DOJ-OGR-00006971
Page 2 - DOJ-OGR-00006972
Case 1:20-cr-00330-PAE Document 458 Filed 11/12/21 Page 2 of 2 Dated: November 12, 2021 New York, New York Alison J. Nathan United States District Judge 2 DOJ-OGR-00006972