Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 1 of 13 3163 LCT1MAXT
1 UNITED STATES DISTRICT COURT
2 SOUTHERN DISTRICT OF NEW YORK
3 -------------------------------x
4 UNITED STATES OF AMERICA,
5 v. 20 CR 330 (AJN)
6 GHISLAINE MAXWELL,
7 Defendant. Jury Trial
8 -------------------------------x New York, N.Y.
9 December 29, 2021
10 9:35 a.m.
11 Before:
12 HON. ALISON J. NATHAN,
13 District Judge
14 APPEARANCES
15 DAMIAN WILLIAMS
16 United States Attorney for the
17 Southern District of New York
18 BY: ALISON MOE
19 LARA POMERANTZ
20 ANDREW ROHRBACH
21 Assistant United States Attorneys
22 HADDON MORGAN AND FOREMAN
23 Attorneys for Defendant
24 BY: JEFFREY S. PAGLIUCA
25 LAURA A. MENNINGER
26 -and-
27 BOBBI C. STERNHEIM
28 -and-
29 COHEN & GRESSER
30 BY: CHRISTIAN R. EVERDELL
31
32 SOUTHERN DISTRICT REPORTERS, P.C.
33 (212) 805-0300
34 DOJ-OGR-00014734
Full Text
Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 1 of 13 3163 LCT1MAXT
1 UNITED STATES DISTRICT COURT
2 SOUTHERN DISTRICT OF NEW YORK
3 -------------------------------x
4 UNITED STATES OF AMERICA,
5 v. 20 CR 330 (AJN)
6 GHISLAINE MAXWELL,
7 Defendant. Jury Trial
8 -------------------------------x New York, N.Y.
9 December 29, 2021
10 9:35 a.m.
11 Before:
12 HON. ALISON J. NATHAN,
13 District Judge
14 APPEARANCES
15 DAMIAN WILLIAMS
16 United States Attorney for the
17 Southern District of New York
18 BY: ALISON MOE
19 LARA POMERANTZ
20 ANDREW ROHRBACH
21 Assistant United States Attorneys
22 HADDON MORGAN AND FOREMAN
23 Attorneys for Defendant
24 BY: JEFFREY S. PAGLIUCA
25 LAURA A. MENNINGER
26 -and-
27 BOBBI C. STERNHEIM
28 -and-
29 COHEN & GRESSER
30 BY: CHRISTIAN R. EVERDELL
31
32 SOUTHERN DISTRICT REPORTERS, P.C.
33 (212) 805-0300
34 DOJ-OGR-00014734
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 1 of 13 3163 LCT1MAXT
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------x UNITED STATES OF AMERICA, v. 20 CR 330 (AJN) GHISLAINE MAXWELL, Defendant. Jury Trial ------------------------------------x New York, N.Y. December 29, 2021 9:35 a.m.
Before: HON. ALISON J. NATHAN, District Judge
Appearances
DAMIAN WILLIAMS United States Attorney for the Southern District of New York BY: 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
SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
DOJ-OGR-00017350
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 2 of 13 3164 LCT1MAXT
1 (In open court; 9:35 a.m.)
2 THE COURT: Please be seated.
3 I have a note:
4 "May we please have the following transcripts:" Five names are listed. I'm going to be cautious because I think it includes at least one last name of someone who testified using only a first name. The first one is Shawn. The second one is Cimberly Espinosa. The third, I can't read the last name. I'm going to have counsel take a look. The fourth is Amanda Young. And the fifth is Jason Richards. So you'll start working on those.
12 "Also, may we have clarification regarding our schedule going forward. Are we required to continue deliberations every day, including 12/31, and 1/1, until we reach a verdict? We ask in order to plan our schedules accordingly."
17 And I have a juror who did raise one like couple-hour conflict, which I'll speak to counsel about at sidebar, because it's private juror information, and we can do that now while, Ms. Moe, you're gathering the materials.
20 MS. MOE: Yes, your Honor.
21 THE COURT: And I'll show you the note to identify the --
23 (Sidebar conference SEALED)
SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014735
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 2 of 13 3164 LCT1MAXT
1 (In open court; 9:35 a.m.)
2 THE COURT: Please be seated.
3 I have a note:
4 "May we please have the following transcripts:" Five names are listed. I'm going to be cautious because I think it includes at least one last name of someone who testified using only a first name. The first one is Shawn. The second one is Cimberly Espinosa. The third, I can't read the last name. I'm going to have counsel take a look. The fourth is Amanda Young. And the fifth is Jason Richards. So you'll start working on those.
"Also, may we have clarification regarding our schedule going forward. Are we required to continue deliberations every day, including 12/31, and 1/1, until we reach a verdict? We ask in order to plan our schedules accordingly."
And I have a juror who did raise one like couple-hour conflict, which I'll speak to counsel about at sidebar, because it's private juror information, and we can do that now while, Ms. Moe, you're gathering the materials.
MS. MOE: Yes, your Honor.
THE COURT: And I'll show you the note to identify the --
(Sidebar conference SEALED)
SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017351
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 3 of 13 3169 LCT1MAXT
1 (In open court)
2 THE COURT: Aside from the private information we discussed, I showed this note, Court Exhibit 18, to counsel,
3 and they too can't read the third name listed well enough to be able to respond to it, so I am going to put a note to the jury asking for clarification on that. And we're gathering the other materials. And I will craft a response to the schedule issue that I'll come back and run by counsel. So I'll step down to do that. Thank you.
10 THE DEPUTY CLERK: All rise.
11 (Recess; 9:44 a.m.)
12 (In open court; 9:54 a.m.)
13 THE COURT: All right. So we brought some of the transcripts back. I sent my note back asking for clarification on the third name. And then I want you to let me know specifically how you'd like me to respond to the scheduling question. So just to read it again:
18 "May we have clarification regarding our schedule going forward. Are we required to continue deliberations every day, including 12/31 and 1/1/2022, until we reach a verdict? We ask in order to plan our schedules accordingly."
22 So my inclination is to say:
23 "You asked about the schedule going forward. Yes, you will continue deliberations as needed every day going forward, including," and I think -- I mean, they mentioned 12/31 and
25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014736
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 3 of 13 3169 LCT1MAXT
1 (In open court)
2 THE COURT: Aside from the private information we discussed, I showed this note, Court Exhibit 18, to counsel,
3 and they too can't read the third name listed well enough to be able to respond to it, so I am going to put a note to the jury asking for clarification on that. And we're gathering the other materials. And I will craft a response to the schedule issue that I'll come back and run by counsel. So I'll step down to do that. Thank you.
10 THE DEPUTY CLERK: All rise.
11 (Recess; 9:44 a.m.)
12 (In open court; 9:54 a.m.)
13 THE COURT: All right. So we brought some of the transcripts back. I sent my note back asking for clarification on the third name. And then I want you to let me know specifically how you'd like me to respond to the scheduling question. So just to read it again:
18 "May we have clarification regarding our schedule going forward. Are we required to continue deliberations every day, including 12/31 and 1/1/2022, until we reach a verdict? We ask in order to plan our schedules accordingly."
22 So my inclination is to say:
23 "You asked about the schedule going forward. Yes, you will continue deliberations as needed every day going forward, including," and I think -- I mean, they mentioned 12/31 and
25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 4 of 13 3170 LCT1MAXT 1 1/1. I think I should mention 1/2 as well, since that's the Sunday, "until you reach a verdict." 2 Go ahead, Ms. Sternheim. 3 MS. STERNHEIM: Thank you, Judge. 4 I would just say, with regard to those holiday dates, 5 that it should be their option. This jury knows that they were 6 committed through January 15th. If for some reason they have 7 plans that are going to distract them by virtue of having to 8 cancel them, I think the option is they can if they wish, but 9 it can be continued on Monday if that is their preference. 10 11 THE COURT: Well, I will say, again, if anyone has any 12 unmoveable commitments or -- what have I said? If that is a 13 hardship or anyone has any unmoveable commitments, they can let 14 Ms. Williams know, but for the reasons I have indicated on the 15 record, I am going to set this schedule, regarding my concern 16 that, given the high likelihood that a necessary member of the 17 trial participants or one or more members of the jury would 18 need to quarantine for ten days should they test positive, that 19 is a substantial delay and only increasing the risk over 20 time, and so I am, for the reasons I've indicated, greatly 21 concerned, and therefore it's my view that we need to proceed 22 every day on our schedule unless -- and they are not shy to 23 indicate -- unless they indicate it's a hardship, okay? 24 MS. STERNHEIM: You know what our preference is, but 25 of course we'll abide by your decision. 26 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014737
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 4 of 13 3170 LCT1MAXT 1 1/1. I think I should mention 1/2 as well, since that's the Sunday, "until you reach a verdict." 2 Go ahead, Ms. Sternheim. 3 MS. STERNHEIM: Thank you, Judge. 4 I would just say, with regard to those holiday dates, 5 that it should be their option. This jury knows that they were 6 committed through January 15th. If for some reason they have 7 plans that are going to distract them by virtue of having to 8 cancel them, I think the option is they can if they wish, but 9 it can be continued on Monday if that is their preference. 10 11 THE COURT: Well, I will say, again, if anyone has any 12 unmoveable commitments or -- what have I said? If that is a 13 hardship or anyone has any unmoveable commitments, they can let 14 Ms. Williams know, but for the reasons I have indicated on the 15 record, I am going to set this schedule, regarding my concern 16 that, given the high likelihood that a necessary member of the 17 trial participants or one or more members of the jury would 18 need to quarantine for ten days should they test positive, that 19 is a substantial delay and only increasing the risk over 20 time, and so I am, for the reasons I've indicated, greatly 21 concerned, and therefore it's my view that we need to proceed 22 every day on our schedule unless -- and they are not shy to 23 indicate -- unless they indicate it's a hardship, okay? 24 MS. STERNHEIM: You know what our preference is, but 25 of course we'll abide by your decision. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017353
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1 THE COURT: Okay. Ms. Moe?
2 MS. MOE: Your Honor, the government completely agrees
3 that deliberations should continue absent a hardship for
4 jurors.
5 THE COURT: Okay. So I will say "as needed every day
6 going forward, including 12/31, 1/1, and 1/2, until you reach a
7 verdict. As I've indicated previously, if this schedule --"
8 let me just use the exact language I've used previously.
9 "-- if this presents a substantial hardship for anyone
10 because of unmoveable commitments, please let Ms. Williams
11 know."
12 Okay, Ms. Moe?
13 MS. MOE: Yes, your Honor. Thank you.
14 THE COURT: Ms. Sternheim?
15 MS. STERNHEIM: Thank you.
16 THE COURT: Anything else you'd like me to add?
17 MS. MOE: No, your Honor. Thank you.
18 MS. STERNHEIM: One moment, please.
19 THE COURT: Sure.
20 MS. STERNHEIM: Judge, we would just request that you
21 add that language which you've previously added about not
22 pressuring them.
23 THE COURT: Okay. I can add exactly what I've said
24 before. "Of course, by this I don't mean to pressure you in
25 any way. You should take all the time that you need."
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 5 of 13 3171 LCT1MAXT
1 THE COURT: Okay. Ms. Moe?
2 MS. MOE: Your Honor, the government completely agrees
3 that deliberations should continue absent a hardship for
4 jurors.
5 THE COURT: Okay. So I will say "as needed every day
6 going forward, including 12/31, 1/1, and 1/2, until you reach a
7 verdict. As I've indicated previously, if this schedule --"
8 let me just use the exact language I've used previously.
9 "-- if this presents a substantial hardship for anyone
10 because of unmoveable commitments, please let Ms. Williams
11 know."
12 Okay, Ms. Moe?
13 MS. MOE: Yes, your Honor. Thank you.
14 THE COURT: Ms. Sternheim?
15 MS. STERNHEIM: Thank you.
16 THE COURT: Anything else you'd like me to add?
17 MS. MOE: No, your Honor. Thank you.
18 MS. STERNHEIM: One moment, please.
19 THE COURT: Sure.
20 MS. STERNHEIM: Judge, we would just request that you
21 add that language which you've previously added about not
22 pressuring them.
23 THE COURT: Okay. I can add exactly what I've said
24 before. "Of course, by this I don't mean to pressure you in
25 any way. You should take all the time that you need."
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 6 of 13 3172 LCT1MAXT
1 MS. STERNHEIM: Thank you.
2 MS. MOE: Yes, your Honor.
3 THE COURT: All right. So again, just to sum it up:
4 "You asked about the schedule going forward. Yes, you will continue deliberations as needed every day going forward,
5 including 12/31, 1/1, and 1/2, until you reach a verdict. If
6 this presents a substantial hardship for anyone because of
7 unmoveable commitments, please let Ms. Williams know. Of
8 course, by this I don't mean to pressure you in any way. You
9 should take all the time that you need."
10
11 I will write that up in my best possible handwriting and then we'll put that in. In the meantime, we have a note.
12
13 Ah. Okay. "We are requesting the transcripts of the expert witness on memory." So it is Elizabeth Loftus. And
14 that will be Court Exhibit 19.
15
16 Okay. So you'll keep the transcripts coming. I will write up that note and send it back. Anything else, counsel?
17
18 MS. MOE: Yes, your Honor. Just with respect to the transcripts, I think --
19
20 THE COURT: Oh, you have --
21 MS. MOE: Just one issue with respect to the transcript regarding Cimberly Espinosa. I'm going to defer to
22 my colleague on this particular issue.
23
24 THE COURT: Yes. Go ahead.
25 MS. POMERANTZ: Thank you, your Honor.
SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 6 of 13 3172 LCT1MAXT
1 MS. STERNHEIM: Thank you.
2 MS. MOE: Yes, your Honor.
3 THE COURT: All right. So again, just to sum it up:
4 "You asked about the schedule going forward. Yes, you will continue deliberations as needed every day going forward,
5 including 12/31, 1/1, and 1/2, until you reach a verdict. If
6 this presents a substantial hardship for anyone because of
7 unmoveable commitments, please let Ms. Williams know. Of
8 course, by this I don't mean to pressure you in any way. You
9 should take all the time that you need."
10
11 I will write that up in my best possible handwriting and then we'll put that in. In the meantime, we have a note.
12
13 Ah. Okay. "We are requesting the transcripts of the expert witness on memory." So it is Elizabeth Loftus. And
14 that will be Court Exhibit 19.
15
16 Okay. So you'll keep the transcripts coming. I will write up that note and send it back. Anything else, counsel?
17
18 MS. MOE: Yes, your Honor. Just with respect to the transcripts, I think --
19
20 THE COURT: Oh, you have --
21 MS. MOE: Just one issue with respect to the transcript regarding Cimberly Espinosa. I'm going to defer to
22 my colleague on this particular issue.
23
24 THE COURT: Yes. Go ahead.
25 MS. POMERANTZ: Thank you, your Honor.
SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
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1 We have two prepared versions. Really, the dispute is over one set of redactions. I'm happy to pass that up to the Court with both the government's proposed redactions and the defense's proposed redactions and indicate where the dispute lies.
2
3
4
5 THE COURT: Okay. I'll hear from you.
6
7 I don't have the unredacted version right in front of me, so I see the difference in the redactions, but --
8
9 MS. POMERANTZ: Yes, your Honor. I think the dispute is on page 2370, lines 14 to 18, and the government's view is the objection was to the whole question, that there had not been a predicate foundation to confirm a basis of knowledge, and so I think our view is the whole response should be redacted because the objection was sustained, and so I don't see how a partial answer --
10
11
12
13 and so I think our view is the whole response should be redacted because the objection was sustained, and so I don't see how a partial answer --
14
15
16 THE COURT: I need the unredacted version. My law clerk is getting it for me.
17
18 MS. POMERANTZ: Yes, your Honor.
19 (Pause)
20 THE COURT: Right. So the issue here is that it's an answer that's being objected to and not a question. The answer has three parts to it. So the first part is, "They just kind of went their separate ways." The question "How so?" is not objected to, so that stays, at the least. The answer, "They just kind of went their separate ways." Seems like Ghislaine
21
22
23
24
25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014740
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 7 of 13 3173
LCT1MAXT
1 We have two prepared versions. Really, the dispute is over one set of redactions. I'm happy to pass that up to the Court with both the government's proposed redactions and the defense's proposed redactions and indicate where the dispute lies.
2
3
4
5 THE COURT: Okay. I'll hear from you.
6
7 I don't have the unredacted version right in front of me, so I see the difference in the redactions, but --
8
9 MS. POMERANTZ: Yes, your Honor. I think the dispute is on page 2370, lines 14 to 18, and the government's view is the objection was to the whole question, that there had not been a predicate foundation to confirm a basis of knowledge,
10
11
12 and so I think our view is the whole response should be redacted because the objection was sustained, and so I don't see how a partial answer --
13
14
15
16 THE COURT: I need the unredacted version. My law clerk is getting it for me.
17
18 MS. POMERANTZ: Yes, your Honor.
19 (Pause)
20
21 THE COURT: Right. So the issue here is that it's an answer that's being objected to and not a question. The answer has three parts to it. So the first part is, "They just kind of went their separate ways." The question "How so?" is not objected to, so that stays, at the least. The answer, "They just kind of went their separate ways." Seems like Ghislaine
22
23
24
25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
DOJ-OGR-00017356
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 8 of 13 LCT1MAXT
1 moved on. I know that she started dating --" and then the
2 objection. That's where the objection is. And that's what I
3 sustained. So I agree with the defense's version that these
4 redactions are proper. So just clarify -- sorry. I closed it.
5 But you'll confirm the right one is going back.
6 If the question had been objected to, then the whole
7 answer would be struck. In the absence of the question being
8 objected to, it's at the point of the objection that that
9 response gets struck.
10 Anything else?
11 MR. EVERDELL: Not from the defense, your Honor.
12 THE COURT: Okay. Anything from the government?
13 MS. MODE: No, your Honor. Thank you.
14 THE COURT: All right. Thank you.
15 THE DEPUTY CLERK: All rise.
16 (Recess; 10:08 a.m.)
17 (In open court; 2:15 p.m.)
18 THE COURT: I received a note.
19 "May we please have the Larry Visoski transcript."
20 Court Exhibit 20.
21 MS. MODE: Yes, your Honor, we'll print that.
22 THE COURT: Thank you.
23 Anything else, counsel?
24 MS. MODE: Not from the government, your Honor.
25 MS. MENNINGER: No, your Honor. Thank you.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00014741
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 8 of 13 LCT1MAXT
1 moved on. I know that she started dating --" and then the
2 objection. That's where the objection is. And that's what I
3 sustained. So I agree with the defense's version that these
4 redactions are proper. So just clarify -- sorry. I closed it.
5 But you'll confirm the right one is going back.
6 If the question had been objected to, then the whole
7 answer would be struck. In the absence of the question being
8 objected to, it's at the point of the objection that that
9 response gets struck.
10 Anything else?
11 MR. EVERDELL: Not from the defense, your Honor.
12 THE COURT: Okay. Anything from the government?
13 MS. MODE: No, your Honor. Thank you.
14 THE COURT: All right. Thank you.
15 THE DEPUTY CLERK: All rise.
16 (Recess; 10:08 a.m.)
17 (In open court; 2:15 p.m.)
18 THE COURT: I received a note.
19 "May we please have the Larry Visoski transcript."
20 Court Exhibit 20.
21 MS. MODE: Yes, your Honor, we'll print that.
22 THE COURT: Thank you.
23 Anything else, counsel?
24 MS. MODE: Not from the government, your Honor.
25 MS. MENNINGER: No, your Honor. Thank you.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00017357
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 9 of 13 3175 LCT1MAXT 1 THE COURT: All right. Thank you. 2 THE DEPUTY CLERK: All rise. 3 (Recess; 2:15 p.m.) 4 (In open court; 4:58 p.m.) 5 THE COURT: Please be seated. 6 We have a verdict. I'm going to bring in the jury in 7 a moment. I'm going to direct everyone in this courtroom and 8 the overflow courtrooms to remain seated, quiet, and calm 9 during the reading of the verdict. I do intend to poll the 10 jury. Anyone who is disruptive in any way will be removed by 11 the marshals and court security officers, so I assume and 12 expect everyone will behave accordingly. Thank you very much. 13 We'll bring in the jury. 14 (Jury present) 15 THE COURT: Please be seated, everyone. 16 I will ask the foreperson, Madam Foreperson, has the 17 jury reached its verdict? 18 FOREPERSON: We have. 19 THE COURT: All right. And I have received it in an 20 envelope. 21 Ladies and gentlemen of the jury, I am about to read 22 the verdict. After I do so, I'll ask each of you by your juror 23 number if this is your verdict. I will ask you to pass the 24 microphone so that you can be heard in responding to this. 25 Count One: Guilty. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014742
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 9 of 13 3175 LCT1MAXT 1 THE COURT: All right. Thank you. 2 THE DEPUTY CLERK: All rise. 3 (Recess; 2:15 p.m.) 4 (In open court; 4:58 p.m.) 5 THE COURT: Please be seated. 6 We have a verdict. I'm going to bring in the jury in 7 a moment. I'm going to direct everyone in this courtroom and 8 the overflow courtrooms to remain seated, quiet, and calm 9 during the reading of the verdict. I do intend to poll the 10 jury. Anyone who is disruptive in any way will be removed by 11 the marshals and court security officers, so I assume and 12 expect everyone will behave accordingly. Thank you very much. 13 We'll bring in the jury. 14 (Jury present) 15 THE COURT: Please be seated, everyone. 16 I will ask the foreperson, Madam Foreperson, has the 17 jury reached its verdict? 18 FOREPERSON: We have. 19 THE COURT: All right. And I have received it in an 20 envelope. 21 Ladies and gentlemen of the jury, I am about to read 22 the verdict. After I do so, I'll ask each of you by your juror 23 number if this is your verdict. I will ask you to pass the 24 microphone so that you can be heard in responding to this. 25 Count One: Guilty. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017358
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 10 of 13 3176 LCT1MAXT 1 Count Two: Not guilty. 2 Count Three: Guilty. 3 Count Four: Guilty. 4 Count Five: Guilty. 5 Count Six: Guilty. 6 Juror No. 26, is this your verdict? 7 JUROR: Yes. 8 THE COURT: Juror No. 48, is this your verdict? 9 JUROR: Yes. 10 THE COURT: Juror No. 49, is this your verdict? 11 JUROR: Yes. 12 THE COURT: Juror No. 37, is this your verdict? 13 JUROR: Yes. 14 THE COURT: Juror No. 50, is this your verdict? 15 JUROR: Yes. 16 THE COURT: Juror No. 70, is this your verdict? 17 JUROR: Yes. 18 THE COURT: Juror No. 124, is this your verdict? 19 JUROR: Yes. 20 THE COURT: Juror No. 29, is this your verdict? 21 JUROR: Yes. 22 THE COURT: Juror No. 89, is this your verdict? 23 Okay. Juror No. 2 -- 89, is this your verdict? 24 JUROR: Yes. 25 THE COURT: Juror No. 2, is this your verdict? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014743
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 10 of 13 3176 LCT1MAXT 1 Count Two: Not guilty. 2 Count Three: Guilty. 3 Count Four: Guilty. 4 Count Five: Guilty. 5 Count Six: Guilty. 6 Juror No. 26, is this your verdict? 7 JUROR: Yes. 8 THE COURT: Juror No. 48, is this your verdict? 9 JUROR: Yes. 10 THE COURT: Juror No. 49, is this your verdict? 11 JUROR: Yes. 12 THE COURT: Juror No. 37, is this your verdict? 13 JUROR: Yes. 14 THE COURT: Juror No. 50, is this your verdict? 15 JUROR: Yes. 16 THE COURT: Juror No. 70, is this your verdict? 17 JUROR: Yes. 18 THE COURT: Juror No. 124, is this your verdict? 19 JUROR: Yes. 20 THE COURT: Juror No. 29, is this your verdict? 21 JUROR: Yes. 22 THE COURT: Juror No. 89, is this your verdict? 23 Okay. Juror No. 2 -- 89, is this your verdict? 24 JUROR: Yes. 25 THE COURT: Juror No. 2, is this your verdict? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017359
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 11 of 13 3177 LCT1MAXT 1 JUROR: Yes, your Honor. 2 THE COURT: Juror No. 119, is this your verdict? 3 JUROR: Yes, it is. 4 THE COURT: Juror No. 7, is this your verdict? 5 JUROR: Yes. 6 THE COURT: The jury is unanimous. 7 Counsel, is there any reason that I cannot dismiss 8 this jury? 9 MS. MOE: No, your Honor. 10 MS. STERNHEIM: No. 11 THE COURT: Ladies and gentlemen of the jury, I will 12 now dismiss you from your jury service in this matter. You are 13 now free to discuss this case with anyone if you like, or not 14 discuss the case if that's what you would like. If you do 15 discuss the case with anyone, you should share only your 16 experience. You should respect the privacy of the deliberation 17 process. Please do not share the views of any other jurors. 18 19 Furthermore, you must not reveal the names of any 20 other jurors since I have permitted you to remain anonymous, 21 nor may you reveal any information that I ordered be maintained 22 under seal, including the identities of any anonymous 23 witnesses. Those are my orders in the case. 24 All materials, notes, the instructions, everything 25 that you've left each night, all of that must remain in the jury room. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014744
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1 JUROR: Yes, your Honor.
2 THE COURT: Juror No. 119, is this your verdict?
3 JUROR: Yes, it is.
4 THE COURT: Juror No. 7, is this your verdict?
5 JUROR: Yes.
6 THE COURT: The jury is unanimous.
7
8 Counsel, is there any reason that I cannot dismiss this jury?
9 MS. MOE: No, your Honor.
10 MS. STERNHEIM: No.
11 THE COURT: Ladies and gentlemen of the jury, I will now dismiss you from your jury service in this matter. You are now free to discuss this case with anyone if you like, or not discuss the case if that's what you would like. If you do discuss the case with anyone, you should share only your experience. You should respect the privacy of the deliberation process. Please do not share the views of any other jurors.
12
13 Furthermore, you must not reveal the names of any other jurors since I have permitted you to remain anonymous, nor may you reveal any information that I ordered be maintained under seal, including the identities of any anonymous witnesses. Those are my orders in the case.
14
15 All materials, notes, the instructions, everything that you've left each night, all of that must remain in the jury room.
16
17 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
18 DOJ-OGR-00017360
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1
Members of the jury, let me say my sincere thanks on
2
behalf of the court and the parties and myself for your
3
attention, for your time, and for your service. You all served
4
with diligence, despite a demanding schedule, despite the
5
pandemic. I'm very grateful to each and every one of you for
6
your service to this court.
Members of the jury, thank you. You are dismissed.
THE DEPUTY CLERK: All rise.
(Jury discharged)
THE COURT: Please be seated.
The completed verdict form will be marked as Court
Exhibit No. 21.
Counsel, tell me if you'd like to set a briefing
schedule. Also, I would typically order the production of the
probation report, and we could discuss a sentencing date, but
I'm happy to hear from you on that, if you like.
MR. EVERDELL: Your Honor, as to a briefing schedule,
I think maybe it would make sense for us to confer and we can
write a letter to the Court proposing a schedule.
THE COURT: Okay. Would you like me to order the
preparation of the presentence report or to wait?
MS. STERNHEIM: We would request that you wait, Judge.
I also have a request -- I apologize -- given the
COVID issue, I would request that the Court endorse an order so
that Ms. Maxwell gets a booster. She has not received that as
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1
2 Members of the jury, let me say my sincere thanks on
3 behalf of the court and the parties and myself for your
4 attention, for your time, and for your service. You all served
5 with diligence, despite a demanding schedule, despite the
6 pandemic. I'm very grateful to each and every one of you for
7 your service to this court.
8 Members of the jury, thank you. You are dismissed.
9 THE DEPUTY CLERK: All rise.
10 (Jury discharged)
11 THE COURT: Please be seated.
12 The completed verdict form will be marked as Court
13 Exhibit No. 21.
14 Counsel, tell me if you'd like to set a briefing
15 schedule. Also, I would typically order the production of the
16 probation report, and we could discuss a sentencing date, but
17 I'm happy to hear from you on that, if you like.
18 MR. EVERDELL: Your Honor, as to a briefing schedule,
19 I think maybe it would make sense for us to confer and we can
20 write a letter to the Court proposing a schedule.
21 THE COURT: Okay. Would you like me to order the
22 preparation of the presentence report or to wait?
23 MS. STERNHEIM: We would request that you wait, Judge.
24 I also have a request -- I apologize -- given the
25 COVID issue, I would request that the Court endorse an order so
26 that Ms. Maxwell gets a booster. She has not received that as
27
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 13 of 13 3179 LCT1MAXT of yet, and the incidents of COVID are rising dramatically at the facility. THE COURT: My understanding -- I checked on this this morning -- is that it is available at MDC, so I will certainly look into it. MS. STERNHEIM: Thank you. THE COURT: Thank you. Anything further from the government? MS. MOE: No, your Honor. Thank you. THE COURT: From the defense. MS. STERNHEIM: No, thank you. THE COURT: All right. Thank you, everyone. We are adjourned. THE LAW CLERK: All rise. ooo SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014746
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 13 of 13 3179 LCT1MAXT of yet, and the incidents of COVID are rising dramatically at the facility. THE COURT: My understanding -- I checked on this this morning -- is that it is available at MDC, so I will certainly look into it. MS. STERNHEIM: Thank you. THE COURT: Thank you. Anything further from the government? MS. MOE: No, your Honor. Thank you. THE COURT: From the defense. MS. STERNHEIM: No, thank you. THE COURT: All right. Thank you, everyone. We are adjourned. THE LAW CLERK: All rise. ooo SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017362
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------x UNITED STATES OF AMERICA, v. 20 CR 330 (AJN) GHISLAINE MAXWELL, Defendant. Jury Trial ------------------------------------x New York, N.Y. December 29, 2021 9:35 a.m.
Before: HON. ALISON J. NATHAN, District Judge
Appearances
DAMIAN WILLIAMS United States Attorney for the Southern District of New York BY: 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
SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
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1 (In open court; 9:35 a.m.)
2 THE COURT: Please be seated.
3 I have a note:
4 "May we please have the following transcripts:" Five names are listed. I'm going to be cautious because I think it includes at least one last name of someone who testified using only a first name. The first one is Shawn. The second one is Cimberly Espinosa. The third, I can't read the last name. I'm going to have counsel take a look. The fourth is Amanda Young. And the fifth is Jason Richards. So you'll start working on those.
12 "Also, may we have clarification regarding our schedule going forward. Are we required to continue deliberations every day, including 12/31, and 1/1, until we reach a verdict? We ask in order to plan our schedules accordingly."
17 And I have a juror who did raise one like couple-hour conflict, which I'll speak to counsel about at sidebar, because it's private juror information, and we can do that now while, Ms. Moe, you're gathering the materials.
20 MS. MOE: Yes, your Honor.
21 THE COURT: And I'll show you the note to identify the --
23 (Sidebar conference SEALED)
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1 (In open court; 9:35 a.m.)
2 THE COURT: Please be seated.
3 I have a note:
4 "May we please have the following transcripts:" Five names are listed. I'm going to be cautious because I think it includes at least one last name of someone who testified using only a first name. The first one is Shawn. The second one is Cimberly Espinosa. The third, I can't read the last name. I'm going to have counsel take a look. The fourth is Amanda Young. And the fifth is Jason Richards. So you'll start working on those.
"Also, may we have clarification regarding our schedule going forward. Are we required to continue deliberations every day, including 12/31, and 1/1, until we reach a verdict? We ask in order to plan our schedules accordingly."
And I have a juror who did raise one like couple-hour conflict, which I'll speak to counsel about at sidebar, because it's private juror information, and we can do that now while, Ms. Moe, you're gathering the materials.
MS. MOE: Yes, your Honor.
THE COURT: And I'll show you the note to identify the --
(Sidebar conference SEALED)
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1 (In open court)
2 THE COURT: Aside from the private information we discussed, I showed this note, Court Exhibit 18, to counsel,
3 and they too can't read the third name listed well enough to be able to respond to it, so I am going to put a note to the jury asking for clarification on that. And we're gathering the other materials. And I will craft a response to the schedule issue that I'll come back and run by counsel. So I'll step down to do that. Thank you.
10 THE DEPUTY CLERK: All rise.
11 (Recess; 9:44 a.m.)
12 (In open court; 9:54 a.m.)
13 THE COURT: All right. So we brought some of the transcripts back. I sent my note back asking for clarification on the third name. And then I want you to let me know specifically how you'd like me to respond to the scheduling question. So just to read it again:
18 "May we have clarification regarding our schedule going forward. Are we required to continue deliberations every day, including 12/31 and 1/1/2022, until we reach a verdict? We ask in order to plan our schedules accordingly."
22 So my inclination is to say:
23 "You asked about the schedule going forward. Yes, you will continue deliberations as needed every day going forward, including," and I think -- I mean, they mentioned 12/31 and
25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014736
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1 (In open court)
2 THE COURT: Aside from the private information we discussed, I showed this note, Court Exhibit 18, to counsel,
3 and they too can't read the third name listed well enough to be able to respond to it, so I am going to put a note to the jury asking for clarification on that. And we're gathering the other materials. And I will craft a response to the schedule issue that I'll come back and run by counsel. So I'll step down to do that. Thank you.
10 THE DEPUTY CLERK: All rise.
11 (Recess; 9:44 a.m.)
12 (In open court; 9:54 a.m.)
13 THE COURT: All right. So we brought some of the transcripts back. I sent my note back asking for clarification on the third name. And then I want you to let me know specifically how you'd like me to respond to the scheduling question. So just to read it again:
18 "May we have clarification regarding our schedule going forward. Are we required to continue deliberations every day, including 12/31 and 1/1/2022, until we reach a verdict? We ask in order to plan our schedules accordingly."
22 So my inclination is to say:
23 "You asked about the schedule going forward. Yes, you will continue deliberations as needed every day going forward, including," and I think -- I mean, they mentioned 12/31 and
25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 4 of 13 3170 LCT1MAXT 1 1/1. I think I should mention 1/2 as well, since that's the Sunday, "until you reach a verdict." 2 Go ahead, Ms. Sternheim. 3 MS. STERNHEIM: Thank you, Judge. 4 I would just say, with regard to those holiday dates, 5 that it should be their option. This jury knows that they were 6 committed through January 15th. If for some reason they have 7 plans that are going to distract them by virtue of having to 8 cancel them, I think the option is they can if they wish, but 9 it can be continued on Monday if that is their preference. 10 11 THE COURT: Well, I will say, again, if anyone has any 12 unmoveable commitments or -- what have I said? If that is a 13 hardship or anyone has any unmoveable commitments, they can let 14 Ms. Williams know, but for the reasons I have indicated on the 15 record, I am going to set this schedule, regarding my concern 16 that, given the high likelihood that a necessary member of the 17 trial participants or one or more members of the jury would 18 need to quarantine for ten days should they test positive, that 19 is a substantial delay and only increasing the risk over 20 time, and so I am, for the reasons I've indicated, greatly 21 concerned, and therefore it's my view that we need to proceed 22 every day on our schedule unless -- and they are not shy to 23 indicate -- unless they indicate it's a hardship, okay? 24 MS. STERNHEIM: You know what our preference is, but 25 of course we'll abide by your decision. 26 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014737
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 4 of 13 3170 LCT1MAXT 1 1/1. I think I should mention 1/2 as well, since that's the Sunday, "until you reach a verdict." 2 Go ahead, Ms. Sternheim. 3 MS. STERNHEIM: Thank you, Judge. 4 I would just say, with regard to those holiday dates, 5 that it should be their option. This jury knows that they were 6 committed through January 15th. If for some reason they have 7 plans that are going to distract them by virtue of having to 8 cancel them, I think the option is they can if they wish, but 9 it can be continued on Monday if that is their preference. 10 11 THE COURT: Well, I will say, again, if anyone has any 12 unmoveable commitments or -- what have I said? If that is a 13 hardship or anyone has any unmoveable commitments, they can let 14 Ms. Williams know, but for the reasons I have indicated on the 15 record, I am going to set this schedule, regarding my concern 16 that, given the high likelihood that a necessary member of the 17 trial participants or one or more members of the jury would 18 need to quarantine for ten days should they test positive, that 19 is a substantial delay and only increasing the risk over 20 time, and so I am, for the reasons I've indicated, greatly 21 concerned, and therefore it's my view that we need to proceed 22 every day on our schedule unless -- and they are not shy to 23 indicate -- unless they indicate it's a hardship, okay? 24 MS. STERNHEIM: You know what our preference is, but 25 of course we'll abide by your decision. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017353
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1 THE COURT: Okay. Ms. Moe?
2 MS. MOE: Your Honor, the government completely agrees
3 that deliberations should continue absent a hardship for
4 jurors.
5 THE COURT: Okay. So I will say "as needed every day
6 going forward, including 12/31, 1/1, and 1/2, until you reach a
7 verdict. As I've indicated previously, if this schedule --"
8 let me just use the exact language I've used previously.
9 "-- if this presents a substantial hardship for anyone
10 because of unmoveable commitments, please let Ms. Williams
11 know."
12 Okay, Ms. Moe?
13 MS. MOE: Yes, your Honor. Thank you.
14 THE COURT: Ms. Sternheim?
15 MS. STERNHEIM: Thank you.
16 THE COURT: Anything else you'd like me to add?
17 MS. MOE: No, your Honor. Thank you.
18 MS. STERNHEIM: One moment, please.
19 THE COURT: Sure.
20 MS. STERNHEIM: Judge, we would just request that you
21 add that language which you've previously added about not
22 pressuring them.
23 THE COURT: Okay. I can add exactly what I've said
24 before. "Of course, by this I don't mean to pressure you in
25 any way. You should take all the time that you need."
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1 THE COURT: Okay. Ms. Moe?
2 MS. MOE: Your Honor, the government completely agrees
3 that deliberations should continue absent a hardship for
4 jurors.
5 THE COURT: Okay. So I will say "as needed every day
6 going forward, including 12/31, 1/1, and 1/2, until you reach a
7 verdict. As I've indicated previously, if this schedule --"
8 let me just use the exact language I've used previously.
9 "-- if this presents a substantial hardship for anyone
10 because of unmoveable commitments, please let Ms. Williams
11 know."
12 Okay, Ms. Moe?
13 MS. MOE: Yes, your Honor. Thank you.
14 THE COURT: Ms. Sternheim?
15 MS. STERNHEIM: Thank you.
16 THE COURT: Anything else you'd like me to add?
17 MS. MOE: No, your Honor. Thank you.
18 MS. STERNHEIM: One moment, please.
19 THE COURT: Sure.
20 MS. STERNHEIM: Judge, we would just request that you
21 add that language which you've previously added about not
22 pressuring them.
23 THE COURT: Okay. I can add exactly what I've said
24 before. "Of course, by this I don't mean to pressure you in
25 any way. You should take all the time that you need."
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1 MS. STERNHEIM: Thank you.
2 MS. MOE: Yes, your Honor.
3 THE COURT: All right. So again, just to sum it up:
4 "You asked about the schedule going forward. Yes, you will continue deliberations as needed every day going forward,
5 including 12/31, 1/1, and 1/2, until you reach a verdict. If
6 this presents a substantial hardship for anyone because of
7 unmoveable commitments, please let Ms. Williams know. Of
8 course, by this I don't mean to pressure you in any way. You
9 should take all the time that you need."
10
11 I will write that up in my best possible handwriting and then we'll put that in. In the meantime, we have a note.
12
13 Ah. Okay. "We are requesting the transcripts of the expert witness on memory." So it is Elizabeth Loftus. And
14 that will be Court Exhibit 19.
15
16 Okay. So you'll keep the transcripts coming. I will write up that note and send it back. Anything else, counsel?
17
18 MS. MOE: Yes, your Honor. Just with respect to the transcripts, I think --
19
20 THE COURT: Oh, you have --
21 MS. MOE: Just one issue with respect to the transcript regarding Cimberly Espinosa. I'm going to defer to
22 my colleague on this particular issue.
23
24 THE COURT: Yes. Go ahead.
25 MS. POMERANTZ: Thank you, your Honor.
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1 MS. STERNHEIM: Thank you.
2 MS. MOE: Yes, your Honor.
3 THE COURT: All right. So again, just to sum it up:
4 "You asked about the schedule going forward. Yes, you will continue deliberations as needed every day going forward,
5 including 12/31, 1/1, and 1/2, until you reach a verdict. If
6 this presents a substantial hardship for anyone because of
7 unmoveable commitments, please let Ms. Williams know. Of
8 course, by this I don't mean to pressure you in any way. You
9 should take all the time that you need."
10
11 I will write that up in my best possible handwriting and then we'll put that in. In the meantime, we have a note.
12
13 Ah. Okay. "We are requesting the transcripts of the expert witness on memory." So it is Elizabeth Loftus. And
14 that will be Court Exhibit 19.
15
16 Okay. So you'll keep the transcripts coming. I will write up that note and send it back. Anything else, counsel?
17
18 MS. MOE: Yes, your Honor. Just with respect to the transcripts, I think --
19
20 THE COURT: Oh, you have --
21 MS. MOE: Just one issue with respect to the transcript regarding Cimberly Espinosa. I'm going to defer to
22 my colleague on this particular issue.
23
24 THE COURT: Yes. Go ahead.
25 MS. POMERANTZ: Thank you, your Honor.
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1 We have two prepared versions. Really, the dispute is over one set of redactions. I'm happy to pass that up to the Court with both the government's proposed redactions and the defense's proposed redactions and indicate where the dispute lies.
2
3
4
5 THE COURT: Okay. I'll hear from you.
6
7 I don't have the unredacted version right in front of me, so I see the difference in the redactions, but --
8
9 MS. POMERANTZ: Yes, your Honor. I think the dispute is on page 2370, lines 14 to 18, and the government's view is the objection was to the whole question, that there had not been a predicate foundation to confirm a basis of knowledge, and so I think our view is the whole response should be redacted because the objection was sustained, and so I don't see how a partial answer --
10
11
12
13 and so I think our view is the whole response should be redacted because the objection was sustained, and so I don't see how a partial answer --
14
15
16 THE COURT: I need the unredacted version. My law clerk is getting it for me.
17
18 MS. POMERANTZ: Yes, your Honor.
19 (Pause)
20 THE COURT: Right. So the issue here is that it's an answer that's being objected to and not a question. The answer has three parts to it. So the first part is, "They just kind of went their separate ways." The question "How so?" is not objected to, so that stays, at the least. The answer, "They just kind of went their separate ways." Seems like Ghislaine
21
22
23
24
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1 We have two prepared versions. Really, the dispute is over one set of redactions. I'm happy to pass that up to the Court with both the government's proposed redactions and the defense's proposed redactions and indicate where the dispute lies.
2
3
4
5 THE COURT: Okay. I'll hear from you.
6
7 I don't have the unredacted version right in front of me, so I see the difference in the redactions, but --
8
9 MS. POMERANTZ: Yes, your Honor. I think the dispute is on page 2370, lines 14 to 18, and the government's view is the objection was to the whole question, that there had not been a predicate foundation to confirm a basis of knowledge,
10
11
12 and so I think our view is the whole response should be redacted because the objection was sustained, and so I don't see how a partial answer --
13
14
15
16 THE COURT: I need the unredacted version. My law clerk is getting it for me.
17
18 MS. POMERANTZ: Yes, your Honor.
19 (Pause)
20
21 THE COURT: Right. So the issue here is that it's an answer that's being objected to and not a question. The answer has three parts to it. So the first part is, "They just kind of went their separate ways." The question "How so?" is not objected to, so that stays, at the least. The answer, "They just kind of went their separate ways." Seems like Ghislaine
22
23
24
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1 moved on. I know that she started dating --" and then the
2 objection. That's where the objection is. And that's what I
3 sustained. So I agree with the defense's version that these
4 redactions are proper. So just clarify -- sorry. I closed it.
5 But you'll confirm the right one is going back.
6 If the question had been objected to, then the whole
7 answer would be struck. In the absence of the question being
8 objected to, it's at the point of the objection that that
9 response gets struck.
10 Anything else?
11 MR. EVERDELL: Not from the defense, your Honor.
12 THE COURT: Okay. Anything from the government?
13 MS. MODE: No, your Honor. Thank you.
14 THE COURT: All right. Thank you.
15 THE DEPUTY CLERK: All rise.
16 (Recess; 10:08 a.m.)
17 (In open court; 2:15 p.m.)
18 THE COURT: I received a note.
19 "May we please have the Larry Visoski transcript."
20 Court Exhibit 20.
21 MS. MODE: Yes, your Honor, we'll print that.
22 THE COURT: Thank you.
23 Anything else, counsel?
24 MS. MODE: Not from the government, your Honor.
25 MS. MENNINGER: No, your Honor. Thank you.
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1 moved on. I know that she started dating --" and then the
2 objection. That's where the objection is. And that's what I
3 sustained. So I agree with the defense's version that these
4 redactions are proper. So just clarify -- sorry. I closed it.
5 But you'll confirm the right one is going back.
6 If the question had been objected to, then the whole
7 answer would be struck. In the absence of the question being
8 objected to, it's at the point of the objection that that
9 response gets struck.
10 Anything else?
11 MR. EVERDELL: Not from the defense, your Honor.
12 THE COURT: Okay. Anything from the government?
13 MS. MODE: No, your Honor. Thank you.
14 THE COURT: All right. Thank you.
15 THE DEPUTY CLERK: All rise.
16 (Recess; 10:08 a.m.)
17 (In open court; 2:15 p.m.)
18 THE COURT: I received a note.
19 "May we please have the Larry Visoski transcript."
20 Court Exhibit 20.
21 MS. MODE: Yes, your Honor, we'll print that.
22 THE COURT: Thank you.
23 Anything else, counsel?
24 MS. MODE: Not from the government, your Honor.
25 MS. MENNINGER: No, your Honor. Thank you.
SOUTHERN DISTRICT REPORTERS, P.C.
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 9 of 13 3175 LCT1MAXT 1 THE COURT: All right. Thank you. 2 THE DEPUTY CLERK: All rise. 3 (Recess; 2:15 p.m.) 4 (In open court; 4:58 p.m.) 5 THE COURT: Please be seated. 6 We have a verdict. I'm going to bring in the jury in 7 a moment. I'm going to direct everyone in this courtroom and 8 the overflow courtrooms to remain seated, quiet, and calm 9 during the reading of the verdict. I do intend to poll the 10 jury. Anyone who is disruptive in any way will be removed by 11 the marshals and court security officers, so I assume and 12 expect everyone will behave accordingly. Thank you very much. 13 We'll bring in the jury. 14 (Jury present) 15 THE COURT: Please be seated, everyone. 16 I will ask the foreperson, Madam Foreperson, has the 17 jury reached its verdict? 18 FOREPERSON: We have. 19 THE COURT: All right. And I have received it in an 20 envelope. 21 Ladies and gentlemen of the jury, I am about to read 22 the verdict. After I do so, I'll ask each of you by your juror 23 number if this is your verdict. I will ask you to pass the 24 microphone so that you can be heard in responding to this. 25 Count One: Guilty. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014742
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 9 of 13 3175 LCT1MAXT 1 THE COURT: All right. Thank you. 2 THE DEPUTY CLERK: All rise. 3 (Recess; 2:15 p.m.) 4 (In open court; 4:58 p.m.) 5 THE COURT: Please be seated. 6 We have a verdict. I'm going to bring in the jury in 7 a moment. I'm going to direct everyone in this courtroom and 8 the overflow courtrooms to remain seated, quiet, and calm 9 during the reading of the verdict. I do intend to poll the 10 jury. Anyone who is disruptive in any way will be removed by 11 the marshals and court security officers, so I assume and 12 expect everyone will behave accordingly. Thank you very much. 13 We'll bring in the jury. 14 (Jury present) 15 THE COURT: Please be seated, everyone. 16 I will ask the foreperson, Madam Foreperson, has the 17 jury reached its verdict? 18 FOREPERSON: We have. 19 THE COURT: All right. And I have received it in an 20 envelope. 21 Ladies and gentlemen of the jury, I am about to read 22 the verdict. After I do so, I'll ask each of you by your juror 23 number if this is your verdict. I will ask you to pass the 24 microphone so that you can be heard in responding to this. 25 Count One: Guilty. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017358
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 10 of 13 3176 LCT1MAXT 1 Count Two: Not guilty. 2 Count Three: Guilty. 3 Count Four: Guilty. 4 Count Five: Guilty. 5 Count Six: Guilty. 6 Juror No. 26, is this your verdict? 7 JUROR: Yes. 8 THE COURT: Juror No. 48, is this your verdict? 9 JUROR: Yes. 10 THE COURT: Juror No. 49, is this your verdict? 11 JUROR: Yes. 12 THE COURT: Juror No. 37, is this your verdict? 13 JUROR: Yes. 14 THE COURT: Juror No. 50, is this your verdict? 15 JUROR: Yes. 16 THE COURT: Juror No. 70, is this your verdict? 17 JUROR: Yes. 18 THE COURT: Juror No. 124, is this your verdict? 19 JUROR: Yes. 20 THE COURT: Juror No. 29, is this your verdict? 21 JUROR: Yes. 22 THE COURT: Juror No. 89, is this your verdict? 23 Okay. Juror No. 2 -- 89, is this your verdict? 24 JUROR: Yes. 25 THE COURT: Juror No. 2, is this your verdict? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014743
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 10 of 13 3176 LCT1MAXT 1 Count Two: Not guilty. 2 Count Three: Guilty. 3 Count Four: Guilty. 4 Count Five: Guilty. 5 Count Six: Guilty. 6 Juror No. 26, is this your verdict? 7 JUROR: Yes. 8 THE COURT: Juror No. 48, is this your verdict? 9 JUROR: Yes. 10 THE COURT: Juror No. 49, is this your verdict? 11 JUROR: Yes. 12 THE COURT: Juror No. 37, is this your verdict? 13 JUROR: Yes. 14 THE COURT: Juror No. 50, is this your verdict? 15 JUROR: Yes. 16 THE COURT: Juror No. 70, is this your verdict? 17 JUROR: Yes. 18 THE COURT: Juror No. 124, is this your verdict? 19 JUROR: Yes. 20 THE COURT: Juror No. 29, is this your verdict? 21 JUROR: Yes. 22 THE COURT: Juror No. 89, is this your verdict? 23 Okay. Juror No. 2 -- 89, is this your verdict? 24 JUROR: Yes. 25 THE COURT: Juror No. 2, is this your verdict? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017359
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 11 of 13 3177 LCT1MAXT 1 JUROR: Yes, your Honor. 2 THE COURT: Juror No. 119, is this your verdict? 3 JUROR: Yes, it is. 4 THE COURT: Juror No. 7, is this your verdict? 5 JUROR: Yes. 6 THE COURT: The jury is unanimous. 7 Counsel, is there any reason that I cannot dismiss 8 this jury? 9 MS. MOE: No, your Honor. 10 MS. STERNHEIM: No. 11 THE COURT: Ladies and gentlemen of the jury, I will 12 now dismiss you from your jury service in this matter. You are 13 now free to discuss this case with anyone if you like, or not 14 discuss the case if that's what you would like. If you do 15 discuss the case with anyone, you should share only your 16 experience. You should respect the privacy of the deliberation 17 process. Please do not share the views of any other jurors. 18 19 Furthermore, you must not reveal the names of any 20 other jurors since I have permitted you to remain anonymous, 21 nor may you reveal any information that I ordered be maintained 22 under seal, including the identities of any anonymous 23 witnesses. Those are my orders in the case. 24 All materials, notes, the instructions, everything 25 that you've left each night, all of that must remain in the jury room. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014744
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 11 of 13 3177 LCT1MAXT
1 JUROR: Yes, your Honor.
2 THE COURT: Juror No. 119, is this your verdict?
3 JUROR: Yes, it is.
4 THE COURT: Juror No. 7, is this your verdict?
5 JUROR: Yes.
6 THE COURT: The jury is unanimous.
7
8 Counsel, is there any reason that I cannot dismiss this jury?
9 MS. MOE: No, your Honor.
10 MS. STERNHEIM: No.
11 THE COURT: Ladies and gentlemen of the jury, I will now dismiss you from your jury service in this matter. You are now free to discuss this case with anyone if you like, or not discuss the case if that's what you would like. If you do discuss the case with anyone, you should share only your experience. You should respect the privacy of the deliberation process. Please do not share the views of any other jurors.
12
13 Furthermore, you must not reveal the names of any other jurors since I have permitted you to remain anonymous, nor may you reveal any information that I ordered be maintained under seal, including the identities of any anonymous witnesses. Those are my orders in the case.
14
15 All materials, notes, the instructions, everything that you've left each night, all of that must remain in the jury room.
16
17 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
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1
Members of the jury, let me say my sincere thanks on
2
behalf of the court and the parties and myself for your
3
attention, for your time, and for your service. You all served
4
with diligence, despite a demanding schedule, despite the
5
pandemic. I'm very grateful to each and every one of you for
6
your service to this court.
Members of the jury, thank you. You are dismissed.
THE DEPUTY CLERK: All rise.
(Jury discharged)
THE COURT: Please be seated.
The completed verdict form will be marked as Court
Exhibit No. 21.
Counsel, tell me if you'd like to set a briefing
schedule. Also, I would typically order the production of the
probation report, and we could discuss a sentencing date, but
I'm happy to hear from you on that, if you like.
MR. EVERDELL: Your Honor, as to a briefing schedule,
I think maybe it would make sense for us to confer and we can
write a letter to the Court proposing a schedule.
THE COURT: Okay. Would you like me to order the
preparation of the presentence report or to wait?
MS. STERNHEIM: We would request that you wait, Judge.
I also have a request -- I apologize -- given the
COVID issue, I would request that the Court endorse an order so
that Ms. Maxwell gets a booster. She has not received that as
SOUTHERN DISTRICT REPORTERS, P.C.
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1
2 Members of the jury, let me say my sincere thanks on
3 behalf of the court and the parties and myself for your
4 attention, for your time, and for your service. You all served
5 with diligence, despite a demanding schedule, despite the
6 pandemic. I'm very grateful to each and every one of you for
7 your service to this court.
8 Members of the jury, thank you. You are dismissed.
9 THE DEPUTY CLERK: All rise.
10 (Jury discharged)
11 THE COURT: Please be seated.
12 The completed verdict form will be marked as Court
13 Exhibit No. 21.
14 Counsel, tell me if you'd like to set a briefing
15 schedule. Also, I would typically order the production of the
16 probation report, and we could discuss a sentencing date, but
17 I'm happy to hear from you on that, if you like.
18 MR. EVERDELL: Your Honor, as to a briefing schedule,
19 I think maybe it would make sense for us to confer and we can
20 write a letter to the Court proposing a schedule.
21 THE COURT: Okay. Would you like me to order the
22 preparation of the presentence report or to wait?
23 MS. STERNHEIM: We would request that you wait, Judge.
24 I also have a request -- I apologize -- given the
25 COVID issue, I would request that the Court endorse an order so
26 that Ms. Maxwell gets a booster. She has not received that as
27
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 13 of 13 3179 LCT1MAXT of yet, and the incidents of COVID are rising dramatically at the facility. THE COURT: My understanding -- I checked on this this morning -- is that it is available at MDC, so I will certainly look into it. MS. STERNHEIM: Thank you. THE COURT: Thank you. Anything further from the government? MS. MOE: No, your Honor. Thank you. THE COURT: From the defense. MS. STERNHEIM: No, thank you. THE COURT: All right. Thank you, everyone. We are adjourned. THE LAW CLERK: All rise. ooo SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014746
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Case 1:20-cr-00330-PAE Document 777 Filed 08/10/22 Page 13 of 13 3179 LCT1MAXT of yet, and the incidents of COVID are rising dramatically at the facility. THE COURT: My understanding -- I checked on this this morning -- is that it is available at MDC, so I will certainly look into it. MS. STERNHEIM: Thank you. THE COURT: Thank you. Anything further from the government? MS. MOE: No, your Honor. Thank you. THE COURT: From the defense. MS. STERNHEIM: No, thank you. THE COURT: All right. Thank you, everyone. We are adjourned. THE LAW CLERK: All rise. ooo SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017362