Document 519

Case 1:20-cr-00330-PAE Document 519 Filed 11/30/21 Page 1 of 3 Haddon, Morgan and Foreman, P.C Jeffrey S. Pagliuca 150 East 10th Avenue Denver, Colorado 80203 PH 303.831.7364 FX 303.832.2628 www.hmflaw.com jpagliuca@hmflaw.com November 30, 2021 VIA ECF The Honorable Alison J. Nathan United States District Court Southern District of New York 40 Foley Square New York, NY 10007 Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Judge Nathan, I write following our conferral with the government about protecting the anonymity of certain testifying witnesses in this case. The government suggested to us that we must avoid any public mention of: (1) names of people, places, or specific addresses or locations; (2) particular dates of career events or life events; (3) names of any employers, particular performances, or characters played; (4) specific details of story arcs in any performances played; (5) references to publicly available information or publicly available records that contain a pseudonymous witness's real name; and (6) court filings or other court documents. Respectfully, the government's proposal is overly broad and unworkable. We are mindful of the Court's orders on this topic, and we have no objection to many of the government's suggestions—e.g., the names of people or specific addresses or particular employers. But the government's proposal reaches much too far, and it would unfairly constrain Ms. Maxwell's ability to meaningfully and effectively confront her accusers. U.S. Const. amend. VI. DOJ-OGR-00008202 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 519 Filed 11/30/21 Page 2 of 3 The Honorable Alison J. Nathan November 30, 2021 Page 2 Not only that, but the government's direct examination of Jane today would have violated its own proposal—for example, the government elicited testimony about where Jane attended school and during what years, a prime example of a "specific location" and "particular dates of life events" the government now seeks to prevent Ms. Maxwell from eliciting on cross-examination. The government's proposal is also contrary to this Court's earlier ruling permitting Ms. Maxwell to confront her accusers by eliciting evidence of their story lines. We will remain cognizant of our duty to avoid revealing the names of witnesses testifying under pseudonyms. And we will alert the government and the court in advance as we are able to anticipate any issues. DOJ-OGR-00008203 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 519 Filed 11/30/21 Page 3 of 3 The Honorable Alison J. Nathan November 30, 2021 Page 3 Respectfully submitted, Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. 150 East 10th Avenue Denver, CO 80203 Phone: 303-831-7364 Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue New York, NY 10022 Phone: 212-957-7600 Bobbi C. Sternheim Law Offices of Bobbi C. Sternheim 225 Broadway, Suite 715 New York, NY 10007 Phone: 212-243-1100 Attorneys for Ghislaine Maxwell cc: Counsel of record (via ECF) DOJ-OGR-00008204