Judge Nathan: If what the defense bring in is impeachment [of the Witness] material, it's not a Rule 16 issue.
AUSA Rohrbach: It should have been disclosed; it is about a collateral matter.
[Note: these are the lawyers' arguments before the jury comes in at 9:30]
AUSA: The witness couldn't even recognize the photo, & it wasn't impeachment of what she said on the stand.
Judge Nathan: What is the US' understanding of when the witness lived in the address in the [FBI] 302?
AUSA Alison Moe: At 14 she was living in a pool house
Maxwell's lawyer: In her application to Interlochen [music school] she listed the address that he showed her yesterday.
Maxwell's lawyer Laura Menninger: She already said on the record that she lived in the same place after she met Epstein until she moved to NY
Judge Nathan: Is there anything we can discuss at [non public] sidebar, before the jury comes in?
AUSA: Some issues we can only do when they come up.
Judge Nathan: OK, then I'm going to step down for a few minutes.
Clerk: All rise!
Thread will continue below.
OK, they're back. Judge Nathan: The jury is ready.
AUSA: We do have one issue to raise at sidebar.
Judge Nathan: Let's see if we can get to the break without. Before the defense shows the jury the [confidential] binder, raise it here.
Assistant US Attorney: We have an objection to tabloid articles from the Internet being introduced as evidence.
Judge Nathan: You have a general Internet objection?
AUSA: No, we'll raise them one by one.
Judge Nathan: Let's bring out the jury.
Clerk: All rise!
Maxwell's lawyer Menninger: Did you turn 17 in your final year at Interlochen [art/music school]?
Pseudonymous witness "Jane" - No, I was 16.
Menninger: Jurors, pick up the smaller binder under your chairs and turn to J-3.
Menninger: And your application said you came from a "long and loving family," right?
Jane: That's what it says.
Menninger: Do you recognize the document?
Jane: I do not recognize it per se. But I see my signature.
Menninger: It's your application to Interlochen
Menninger: When you spoke to your younger brother, you didn't mention there was a woman, correct?
Jane: I don't think so.
Menninger: And you told a news source that you were approached by Ghislaine, no mention of Ghislaine, correct?
Jane: I don't remember that.
Menninger: When you got to Epstein's house with your mother - your house was in West Palm Beach, right?
Jane: No, it was in Palm Beach -
Menninger: You didn't cross any state lines, did you?
Jane: No I didn't. There were only the 3 of us having tea.
Menninger: Have you ever spoken with your sisters about your boyfriends?
Jane: I didn't have any boyfriends...
Assistant US Attorney: Can we have a brief sidebar about this?
Whispered sidebar.
Sidebar finally over.
Maxwell's lawyer Menninger: Look at the last line in the top paragraph. You told the agents that Epstein would decide where everyone sat --
AUSA: Objection! She should only ask, Does it refresh your recollection.
Judge Nathan: Go ahead and ask.
Menninger: Does it refresh your recollection?
Jane: Yes.
Menninger: And there was nothing sexual in the theater.
Jane: Right
[Note: Jury may hear about New Mexico movie theater acts later in trial]
Menninger: Yesterday, it said it was shortly after the pool house that you had this incident with Epstein and Ghislaine, right?
AUSA: Objection as to form.
Judge Nathan: Specify what you're talking about.
AUSA: Objection.
Menninger: This is foundational.
Menninger: You told the government you do not have a specific memory of your first time with Ghislaine --
AUSA: Objection!
Menninger: You have come up with the memory in the last two years?
Jane: I don't believe I have come up with memory, no.
Jane: It is not typed up right on this form.
Maxwell's lawyer Menninger: Another typo by the government.
AUSA: Objection!
Menninger: You told the government Ghislaine never used sex toys or a vibrator on you, correct?
Jane: Correct.
[Note: that's what was asked]
Menninger went on to ask Jane if Ghislaine ever saw her perform oral sex on Epstein (no), hand job (no), intercourse (no).
Note: We're not going blow-by-blow for this portion.
Menninger: Look at 39-008 at Page 5, does this refresh your recollection?
Jane: No.
Menninger: You said Ghislaine never saw you perform oral sex on Epstein.
Jane: I don't recall.
Menninger: Look at the document.
Judge Nathan: Let's take a break.
[Podcast coming; if there's time, stories on InnerCityPress.com & patreon.com/MatthewRussell…
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Maxwell's lawyer (before jury comes in) Seeing semen on the table is going to be prejudicial.
AUSA: It was a white stain. It is entirely probative as to whether these massages were just messages or were in fact sexual.
Judge Nathan: I would permit lab tests
Assistant US Attorney: The fact that Mr. Epstein had a collection of school girl uniforms is relevant.
Maxwell's lawyer: This has little connection Ms. Maxwell and is prejudicial.
AUSA: School girl costumes, small ones, were found in the massage room.
AUSA: Look at Government Exhibit 721. Do you recognize it?
Kane: An enrollment application for a student.
AUSA: Don't say the name. Is it an accurate copy?
Kane: Yes.
Maxwell's lawyer: Objection - hearsay!
AUSA: It's a business record.
Judge Nathan: Overruled.
Maxwell's lawyer: Can I question the witness?
Judge Nathan: Go ahead.
Maxwell's lawyer: The Professional Children's School doesn't verify the accuracy of the info on the form, does it?
Kane: I think they do.
Maxwell's lawyer: All of it?
Kane: That, I don't know.
OK - In US v. #GhislaineMaxwell, now final segment before end of Day 3, it's Victim Jane's ex-boyfriend "Matt," uses pseudonym. Inner City Press covered AM innercitypress.com/sdnytrial31max… & will live tweet, thread below
AUSA Moe: How do you know Jane?
Matt: She's my ex-girlfriend. From 2006 to 2014.
AUSA: Did you live together?
Matt: Yes. From 2007 to 2014.
AUSA: Are you still friends?
Matt: Yes. And we work on the same TV show.
AUSA: What did Jane tell you about her home life?
Maxwell's lawyer: Objection.
Judge Nathan: Any foundation?
Maxwell's lawyer: It's hearsay.
[Another non-public sidebar]
OK - In US v. #GhislaineMaxwell, now after lunch break, more cross-examination of Victim 1 "Jane," with Maxwell's lawyer insisting Jane has mis-remembered & is motivated by money. Inner City Press covered AM innercitypress.com/sdnytrial31max… & will live tweet, thread below
Menninger: So you went to a specialized entertainment school, right?
Menninger: And since then you've played roles like cancer patient?
Jane: Yes.
Menninger: Prostitute?
Jane: No.
Menninger: You can cry on command?
Menninger: You're accusations in this case include that you were 14 went you were abused, right?
Jane: Yes.
Menninger: But you first told the government you were 13, right?
Jane: I might have said 13 going on 14. It's a small technicality.
OK - In US v. #GhislaineMaxwell, now after 11 am break cross-examination of Victim 1 "Jane" is continuing, with Maxwell's lawyer claiming Jane has mis-remembered. Inner City Press covered the morning innercitypress.com/sdnytrial31max… and will live tweet, thread below
Maxwell's lawyer Menninger: You testified yesterday your first has sex with Epstein in his pool house in Florida. But you told the government it was in New York.
Jane: Those are not my notes. I did not write that down and it was not recorded.
Menninger: You told them you only remembered one incident in NY when Ghislaine was present.
Jane: I don't recall.
Menninger: Look at 3509-003. Hasn't your story changed?
Jane: I didn't understand the question.
OK - now US v. #GhislaineMaxwell trial Day 2, afternoon. Epstein's pilot Visoski still on the stand. AUSA asks Judge to tell court arts not to sketch some witnesses. Inner City Press is reporting innercitypress.com/sdnytrial30max… & will live tweet - thread below
Judge Nathan: Mr. Everdell, you may continue with your cross examination of Mr Visoski. And Mr. Visoski, I remind you that you are under oath.
Maxwell's lawyer Everdell: People liked to go hiking on the Zorro Ranch, right?
Visoski: Yes.
Everdell: But since there were snakes, one needed boots, right?
Visoski: Yes, that would be preferred.
Everdell: And you never saw Ghislaine looking pregnant, did you?
Visoski: I never did.