Document 771

Case 1:20-cr-00330-PAE Document 771 Filed 08/10/22 Page 1 of 7 3111 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------x UNITED STATES OF AMERICA, v. GHISLAINE MAXWELL, Defendant. ------------------------------------x Jury Trial New York, N.Y. December 22, 2021 3:41 p.m. Before: HON. ALISON J. NATHAN, District Judge Appearances DAMIAN WILLIAMS United States Attorney for the Southern District of New York BY: MAURENE COMEY ALISON MOE LARA POMERANTZ ANDREW ROHRBACH Assistant United States Attorneys HADDON MORGAN AND FOREMAN Attorneys for Defendant BY: JEFFREY S. PAGLIUCA LAURA A. MENNINGER -and- BOBBI C. STERNHEIM -and- COHEN & GRESSER BY: CHRISTIAN R. EVERDELL Also Present: Amanda Young, FBI Paul Byrne, NYPD Sunny Drescher, Paralegal, U.S. Attorney's Office Ann Lundberg, Paralegal, Haddon Morgan and Foreman SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014679 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 771 Filed 08/10/22 Page 1 of 7 3111 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------x UNITED STATES OF AMERICA, v. 20 CR 330 (AJN) GHISLAINE MAXWELL, Defendant. -------------------------------x Jury Trial New York, N.Y. December 22, 2021 3:41 p.m. Before: HON. ALISON J. NATHAN, District Judge Appearances DAMIAN WILLIAMS United States Attorney for the Southern District of New York BY: MAURENE COMEY ALISON MOE LARA POMERANTZ ANDREW ROHRBACH Assistant United States Attorneys HADDON MORGAN AND FOREMAN Attorneys for Defendant BY: JEFFREY S. PAGLIUCA LAURA A. MENNINGER -and- BOBBI C. STERNHEIM -and- COHEN & GRESSER BY: CHRISTIAN R. EVERDELL Also Present: Amanda Young, FBI Paul Byrne, NYPD Sunny Drescher, Paralegal, U.S. Attorney's Office Ann Lundberg, Paralegal, Haddon Morgan and Foreman SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017298 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 771 Filed 08/10/22 Page 2 of 7 3112 LCMCMAXT 1 (Jury not present) 2 THE COURT: Good afternoon, everyone. We haven't 3 heard anything from the jury, so I think it is time to consider 4 putting in a note regarding tomorrow since we don't have a 5 response on that. So the note I have drafted, with your input, 6 let me know, "Hello, jury. If your deliberations are not 7 completed today, do you wish to deliberate tomorrow, Thursday, 8 December 23rd?" And then I have a box for "yes" and a box for 9 "no." "Please check yes or no. If yes, what time would you 10 like to deliberate from? Blank a.m. to blank p.m. Judge 11 Nathan." 12 Any thoughts or requests? 13 MS. COMEY: Seems perfect. 14 MS. STERNHEIM: Fine. Thank you. 15 THE COURT: What I'll do is we'll send that in and I 16 think everybody just wait, my assumption is it will come right 17 back out and we'll reconvene. I'll see you in a moment. 18 (Recess) 19 THE COURT: As that went in, a note came out. So I 20 don't have a response yet, but I have a note. 21 "May we please have the following testimonies in a 22 binder." The first one is Jane, Wong, Kate. There is 23 something else written next to Jane. 24 MS. STERNHEIM: Judge, I'm not reading the note, but 25 they got Jane. It wasn't in a binder. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 771 Filed 08/10/22 Page 2 of 7 3112 LCMCMAXT (Jury not present) THE COURT: Good afternoon, everyone. We haven't heard anything from the jury, so I think it is time to consider putting in a note regarding tomorrow since we don't have a response on that. So the note I have drafted, with your input, let me know, "Hello jury. If your deliberations are not completed today, do you wish to deliberate tomorrow, Thursday, December 23rd?" And then I have a box for "yes" and a box for "no." "Please check yes or no. If yes, what time would you like to deliberate from? Blank a.m. to blank p.m. Judge Nathan. Any thoughts or requests? MS. COMEY: Seems perfect. MS. STERNHEIM: Fine. Thank you. THE COURT: What I'll do is we'll send that in and I think everybody just wait, my assumption is it will come right back out and we'll reconvene. I'll see you in a moment. (Recess) THE COURT: As that went in, a note came out. So I don't have a response yet, but I have a note. "May we please have the following testimonies in a binder." The first one is Jane, Wong, Kate. There is something else written next to Jane. MS. STERNHEIM: Judge, I'm not reading the note, but they got Jane. It wasn't in a binder. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017299 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 771 Filed 08/10/22 Page 3 of 7 3113 1 THE COURT: Well, fair enough. Fair enough. I don't 2 know if they're asking for another copy. 3 MS. STERNHEIM: Or with holes in it, at least. 4 THE COURT: I'll show it to you there. Next to Jane, 5 it says -- oh, I think maybe, Ms. Sternheim, you've intuited. 6 In parentheses it says, "Being returned," crossed out, and 7 then it says, "No." 8 MS. STERNHEIM: Judge, of the three testimonies they 9 got, Jane was the last and it was Juan in a binder. The other 10 two were in binders. 11 THE COURT: I see. I see. I didn't know that. 12 MS. STERNHEIM: It was in the rush of trying to get it 13 to them quickly. 14 THE COURT: Well, we could dispute that, but -- so I 15 guess, because they didn't return it, I guess they are asking 16 for another copy, three-hole punched and in a binder, in 17 addition, Juan and Kate. My clerk will show you the note if 18 you'd like to see it. 19 MS. COMEY: That's fine, your Honor. I believe 20 Ms. Drescher is going to print out those transcripts right now 21 with the agreed-upon redactions and we'll hole punch them and 22 put them in binders. 23 THE COURT: Okay. I think the response is coming out, 24 so we'll just sit tight for a minute. 25 (Pause) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 771 Filed 08/10/22 Page 3 of 7 3113 1 THE COURT: Well, fair enough. Fair enough. I don't 2 know if they're asking for another copy. 3 MS. STERNHEIM: Or with holes in it, at least. 4 THE COURT: I'll show it to you there. Next to Jane, 5 it says -- oh, I think maybe, Ms. Sternheim, you've intuited. 6 In parentheses it says, "Being returned," crossed out, and 7 then it says, "No." 8 MS. STERNHEIM: Judge, of the three testimonies they 9 got, Jane was the last and it was Juan in a binder. The other 10 two were in binders. 11 THE COURT: I see. I see. I didn't know that. 12 MS. STERNHEIM: It was in the rush of trying to get it 13 to them quickly. 14 THE COURT: Well, we could dispute that, but -- so I 15 guess, because they didn't return it, I guess they are asking 16 for another copy, three-hole punched and in a binder, in 17 addition, Juan and Kate. My clerk will show you the note if 18 you'd like to see it. 19 MS. COMEY: That's fine, your Honor. I believe 20 Ms. Drescher is going to print out those transcripts right now 21 with the agreed-upon redactions and we'll hole punch them and 22 put them in binders. 23 THE COURT: Okay. I think the response is coming out, 24 so we'll just sit tight for a minute. 25 (Pause) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017300 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 771 Filed 08/10/22 Page 4 of 7 LCMCMAXT 1 The response is, "No, thank you." Asterisk, "Jurors have made plans for tomorrow." 2 3 So, we will get them what they've asked for as quickly as possible. And then, everyone, please be ready to go at 4 4:25. We'll bring them out for dismissal. 5 I had one quick additional point I wanted to make about the request yesterday for the question regarding Annie's 6 testimony and the request from the defense was to also put in the limiting instruction. I wanted to note that the limiting 7 instruction went in on the transcript of Annie's testimony, as well. So they did have that. 8 9 All right. Anything to address, Ms. Comey? 10 MS. COMEY: No, your Honor. 11 THE COURT: Ms. Sternheim? 12 MS. STERNHEIM: No, thank you. 13 THE COURT: We'll see everyone at 4:25 unless we hear anything further. As soon as you have the materials, give them 14 to Ms. Williams, please. Thank you. 15 (Recess) 16 THE COURT: Any matters to take up before we bring them to dismiss them? 17 MS. COMEY: No, your Honor. 18 MS. STERNHEIM: No, thank you. 19 THE COURT: Okay. Bring in the jury, please. 20 (Continued on next page) 21 SOUTHERN DISTRICT REPORTERS, P.C. 22 (212) 805-0300 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 771 Filed 08/10/22 Page 4 of 7 LCMCMAXT 1 The response is, "No, thank you." Asterisk, "Jurors have made plans for tomorrow." 2 3 So, we will get them what they've asked for as quickly as possible. And then, everyone, please be ready to go at 4 4:25. We'll bring them out for dismissal. 5 I had one quick additional point I wanted to make about the request yesterday for the question regarding Annie's 6 testimony and the request from the defense was to also put in the limiting instruction. I wanted to note that the limiting 7 instruction went in on the transcript of Annie's testimony, as well. So they did have that. 8 9 All right. Anything to address, Ms. Comey? 10 MS. COMEY: No, your Honor. 11 THE COURT: Ms. Sternheim? 12 MS. STERNHEIM: No, thank you. 13 THE COURT: We'll see everyone at 4:25 unless we hear anything further. As soon as you have the materials, give them 14 to Ms. Williams, please. Thank you. 15 (Recess) 16 THE COURT: Any matters to take up before we bring them to dismiss them? 17 MS. COMEY: No, your Honor. 18 MS. STERNHEIM: No, thank you. 19 THE COURT: Okay. Bring in the jury, please. 20 (Continued on next page) 21 SOUTHERN DISTRICT REPORTERS, P.C. 22 (212) 805-0300 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 771 Filed 08/10/22 Page 5 of 7 3115 LCMCMAXT 1 (Jury present) 2 THE COURT: Thank you, members of the jury. I did get 3 your note that you declined my invitation to deliberate 4 tomorrow. We had assumed trial would be proceeding and I 5 wanted to give you the option to deliberate tomorrow, but 6 understand you have plans. 7 We will resume Monday at 9:00 a.m. Same instructions 8 as previously indicated. As soon as all 12 of you are there, 9 you may deliberate. Before then, please wait until all 12 of 10 you are there. 11 Please stay safe over the long weekend. Obviously 12 we've got the variant and I need all of you here and healthy on 13 Monday. So please take good care and take cautions. 14 Somewhat related to that, the district is going to 15 announce some new protocols on Monday, including specific mask 16 requirements. So the district is going to require everybody to 17 wear either N95s or KN95s or KF94s to be in the courthouse. 18 We'll supply those for you. We'll have supplies on Monday. 19 You're also welcome to take some for the long weekend if you'd 20 like those to help be cautious. 21 It's a long weekend, it's a holiday, it's imperative 22 that you continue to follow my orders regarding the rules in 23 this case as I know that you have, but I have to repeat it. 24 It's critical that you, outside of deliberations, don't discuss 25 this case with each other or anyone else. No consumption of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014683 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 771 Filed 08/10/22 Page 5 of 7 3115 LCMCMAXT 1 (Jury present) 2 THE COURT: Thank you, members of the jury. I did get 3 your note that you declined my invitation to deliberate 4 tomorrow. We had assumed trial would be proceeding and I 5 wanted to give you the option to deliberate tomorrow, but 6 understand you have plans. 7 We will resume Monday at 9:00 a.m. Same instructions 8 as previously indicated. As soon as all 12 of you are there, 9 you may deliberate. Before then, please wait until all 12 of 10 you are there. 11 Please stay safe over the long weekend. Obviously 12 we've got the variant and I need all of you here and healthy on 13 Monday. So please take good care and take cautions. 14 Somewhat related to that, the district is going to 15 announce some new protocols on Monday, including specific mask 16 requirements. So the district is going to require everybody to 17 wear either N95s or KN95s or KF94s to be in the courthouse. 18 We'll supply those for you. We'll have supplies on Monday. 19 You're also welcome to take some for the long weekend if you'd 20 like those to help be cautious. 21 It's a long weekend, it's a holiday, it's imperative 22 that you continue to follow my orders regarding the rules in 23 this case as I know that you have, but I have to repeat it. 24 It's critical that you, outside of deliberations, don't discuss 25 this case with each other or anyone else. No consumption of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 771 Filed 08/10/22 Page 6 of 7 3116 LCMCMAXT any media of any kind through any means about the case and no communications through any means about the case. Continue to keep an open mind until you resume your deliberations on Monday, the 12 of you. If you have any issues that arise regarding either COVID or any issues of concern, you contact Ms. Williams and she'll communicate to me if there are any issues. I wish you a very happy holiday, a restful time with your families, and we'll see you on Monday. Thank you so much. Happy holidays. (Continued on next page) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014684 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 771 Filed 08/10/22 Page 6 of 7 3116 LCMCMAXT any media of any kind through any means about the case and no communications through any means about the case. Continue to keep an open mind until you resume your deliberations on Monday, the 12 of you. If you have any issues that arise regarding either COVID or any issues of concern, you contact Ms. Williams and she'll communicate to me if there are any issues. I wish you a very happy holiday, a restful time with your families, and we'll see you on Monday. Thank you so much. Happy holidays. (Continued on next page) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017303 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 771 Filed 08/10/22 Page 7 of 7 3117 LCMCMAXT 1 (Jury not present) 2 THE COURT: Any matters to take up, counsel? 3 MS. COMEY: No. Thank you, your Honor. 4 MS. STERNHEIM: No. Thank you. 5 THE COURT: You heard the announcement that's about to be forthcoming regarding the masking rules. So that will be true for everyone. Come Monday, we'll have supplies if needed. And please take my words of caution, as well. I need -- well, I don't need all of you, but I need most of you back here on Monday. In the meantime, happy holidays. See you Monday. 11 (Adjourned to December 27, 2021 at 9:00 a.m.) 12 *** SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014685 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 771 Filed 08/10/22 Page 7 of 7 3117 LCMCMAXT 1 (Jury not present) 2 THE COURT: Any matters to take up, counsel? 3 MS. COMEY: No. Thank you, your Honor. 4 MS. STERNHEIM: No. Thank you. 5 THE COURT: You heard the announcement that's about to be forthcoming regarding the masking rules. So that will be true for everyone. Come Monday, we'll have supplies if needed. And please take my words of caution, as well. I need -- well, I don't need all of you, but I need most of you back here on Monday. In the meantime, happy holidays. See you Monday. 11 (Adjourned to December 27, 2021 at 9:00 a.m.) 12 * * * 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017304