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Case 1:20-cr-00330-PAE Document690_ Filed 11/19/21 Page1of23
UNITED STATES DISTRICT COURT USDC SDNW
SOUTHERN DISTRICT OF NEW YORK DOCUMENT
ELECTRONICALLY FILED
DOC #;
DATE FILED: 11/19/21
United States of America,
_y_
20-CR-330 (AJN)
Ghislaine Maxwell,
MEMORANDUM
Defendant. OPINION & ORDER
ALISON J. NATHAN, District Judge:
Before the Court is the Defendant’s fourth motion in limine to “exclude evidence related
to Accuser-3,” to whom the Court refers as Witness-3, on the grounds that the testimony is not
direct evidence of the charged conspiracies and is inadmissible under Federal Rules of Evidence
404(b) and 403. Dkt. Nos. 387, 444. The Court has twice heard argument related to this motion,
including argument at the November 10, 2021 in camera hearing that was sealed pursuant to
Federal Rule of Evidence 412. See generally Nov. 1, 2021 Transcript; Nov. 10, 2021 Transcript.
At the November 1, 2021 hearing, the Court provided a brief explanation of its current position
based on the information then before it, but the Court ultimately reserved ruling pending
additional briefing. The Court is now in receipt of the parties’ additional briefing and
accordingly is prepared to resolve the motion. !
The Government now proffers that the anticipated testimony of Witness-3 will describe
how she met the Defendant and her relationship with the Defendant and Mr. Epstein. In
particular, Witness-3 is anticipated to testify how Defendant introduced her to Mr. Epstein, how
! This Memorandum Opinion & Order is filed temporarily under seal to permit the parties the opportunity to propose
sealing or limited redactions pursuant to Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), and
Federal Rule of Evidence 412(c)(2).
DOJ-OGR-00011109