Case 1:20-cr-00330-PAE
Cy
HADDON
MORGAN
FOREMAN
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
Document 518
Filed 11/30/21 Page 1lof8
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
[email protected]
Re: — United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
Dear Judge Nathan,
The government contends that Ms. Maxwell should be precluded from admitting into
evidence a photograph offered while cross-examining Jane during the government’s case-in-
chief. The government says that Ms. Maxwell did not disclose the photograph as part of her
reciprocal discovery obligations, thereby violating Rule 16(b)(1)(A). The government is wrong.
The language of Rule 16(b)(1)(A) is plain and unambiguous: Its reciprocal discovery
obligations apply only to material Ms. Maxwell intends to use during her “case-in-chief.” The
Rule says:
(b) Defendant’s Disclosure.
(1) Information Subject to Disclosure.
(A) Documents and Objects. If a defendant requests disclosure
under Rule 16(a)(1)(E) and the government complies, then the
defendant must permit the government, upon request, to inspect and
to copy or photograph books, papers, documents, data, photographs,
tangible objects, buildings or places, or copies or portions of any of
these items if:
DOJ-OGR- 00008194