Case 1:20-cr-00330-PAE Document 718 Filed 07/12/22 Page1of3
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Christian R. Everdell
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December 5, 2021
BY ECF
The Honorable Alison J. Nathan
United States District Court
Southern District of New York
United States Courthouse
40 Foley Square
New York, NY 10007
Re: United States v. Ghislaine Maxwell, S2 20 Cr. 330 (AJN)
Dear Judge Nathan:
Pursuant to the Court’s Order of earlier today, we respectfully submit this letter in
opposition to the government’s request to modify the Court’s proposed limiting instruction
concerning the testimony of Witness-3. The government’s request is yet another example of its
repeated attempts to relitigate issues that have been decided against them. The Court’s instruction
is appropriate and balanced and should not be changed.
We should be clear from the outset — we are in this position because the government is
insisting on calling a witness who has alleged conduct that is not illegal. The Court has ruled, and
the government has itself conceded, that Witness-3 “is not a victim of any of the crimes charged in
the Indictment.” 11/19/2021 Op. and Order at 2. The Court has correctly recognized that having
Witness-3 describe the details of her sex acts with Jeffrey Epstein would have no probative value
because it cannot establish an element of the charged offenses. See id. at 4 (“There is little to no
probative value of a witness describing sexual activity when that witness’s testimony regarding the
sexual activity cannot form the basis for the conviction of the crimes charged.”’); see also
2061438.1
DOJ-OGR-00011330