OK - now US v. #GhislaineMaxwell trial Day 11, afternoon thread. Maxwell's lawyer want to put in "prior inconsistent statement" of survivor witness Carolyn, after they finish the paid memory decay expert Loftus. Inner City Press will live tweet, thread below
Judge Nathan: What else?
Maxwell's lawyer: The US' rebuttal expert, I'm prepared to file something if they actually call the expert.
Judge Nathan: Hamilton?
Everdell: We reached him, he can do WebEx tomorrow.
Sternheim: Because of his condition, we haven't spoken.
Jury entering!
Maxwell's lawyer: Dr Loftus, are you aware of image enhancing memory distortion?
Loftus: It makes people feel better about themselves.
Maxwell's lawyer: I asked you about C.V. So I move into evidence your C.V.
AUSA: Objection.
Judge Nathan: I am allowing in Dr Loftus' C.V.
Maxwell's lawyer: What are you charging?
Loftus: $600 an hour.
Maxwell's lawyer: Media distortion includes dramatic portrayals, right?
Loftus: Oh, yes.
Cross examination.
AUSA Pomerantz: Let's talk about consulting. You've done it with defense attorneys 100s of times, right?
Loftus: Probably.
AUSA: You've only consulted with the prosecutors five times, right?
Loftus: Right.
AUSA: In your book "Witness for the Defense," you wrote that you should be an advocate
Loftus: That leaves out the context --
AUSA: You don't sit in courtroom - you weren't present for testimony on this case, right?
Loftus: I was not present in the courtroom.
AUSA: You're charging the defendant $600 an hour right now, right?
Loftus: Yes.
AUSA: You were paid for high profile defendants, right? Millions of dollars?
Loftus: I don't know how much.
AUSA: In 1975 you didn't charge $600 a hour, right?
Loftus: I did it free.
AUSA: You market yourself by testifying, right?
Loftus: I don't market myself at all.
AUSA: You give lists of your cases to defense attorneys, right?
Loftus: When asked.
AUSA: You testified for Harvey Weinstein, right?
Judge Nathan: Just a moment.
[When they resume, there's no more mention of Harvey Weinstein. At least not yet.]
AUSA: When you testify for high profile defendants, it brings you more business, right?
Loftus: Maybe.
AUSA: You showed fake photos of Bugs Bunny at Disney, right?
Loftus: Yes.
AUSA: Bugs Bunny is Warner Brothers, but 16% misremembered, right?
Maxwell's lawyer: I object.
Judge Nathan: You can come up.
[Sidebar]
Lawyers return from sidebar.
Loftus: Some falsely remembered touching Bugs Bunny's head and him saying "What's Up, doc?"
[#WhatsUpDoc - $600/hour]
AUSA: There's a science museum experiment, right?
AUSA: And the lost in the mall study - 25% misremembered, right?
Loftus: Correct.
AUSA: I'm not going to ask you to describe a rectal enema, but it's a painful procedure, right?
Loftus: Yes.
AUSA: This memory could not easily be implanted
Re-direct.
Maxwell's lawyer: There are restrictions on what kind of studies you can do, right?
AUSA: Objection.
Judge Nathan: I'll allow it.
Loftus: We can't implant memories of sexual abuse.
Next witness: Michael William Aznaran.
Maxwell's lawyer: We need a sidebar.
Judge Nathan: Wait for the break.
Maxwell's lawyer: Where do you work?
Aznaran: Customs & Border Protection. We check incoming people.
Maxwell's letter: Look at this sealed Exhibit GX12. Call her Jane. Did you search for this?
Aznaran: I did.
Maxwell's lawyer: And Kate and Annie Farmer, did you search for them?
Aznaran: Yes, I did the searches.
Maxwell's lawyer: So now we need the sidebar.
Judge Nathan: We'll get the jurors their afternoon break.
[Jury leaves, no mention of snacks]
Judge Nathan: Mr. Azaran, could you step out?
AUSA: These are 15 years of records, including outside the charges time frame.
Here, from during the break, is Inner City Press' (brief) podcast anchor.fm/innercity-pres…
Now the exhibit is going sealed. Everdell continues Q&A
Aznaran: At JFK, each of the five international terminals has a code and it's in this report. I ran it Dec 14
Everdell: What does airline not APIS mean?
Aznaran: APIS is Advanced Passenger Information System.
Maxwell's lawyer Everdell: So for Annie Farmer, you have records from 1997 to 2006?
Aznaran: Yes.
Everdell: And this one, for Jane - you see her date of birth, right? Can I say the year?
[doxing alert]
Cross examination.
AUSA: What are the differences between CBP record before and after 9/11?
Aznaran: The further back you go, you won't get an on-board or not on-board status.
AUSA: So the ones before 9/11 were not as complete?
Aznaran: Not all the time.
Judge Nathan (at 4:52 pm) Defense may call its next witness.
It's Dominique Hyppolite.
Maxwell's lawyer: Where do you live and work?
Hyppolite: Palm Beach school district. I coordinate the processing of subpoenas and represent the district as records custodian.
Maxwell's lawyer: May I approach the witness with a document?
Judge Nathan: It's 5 pm. Let's end for the day.
AUSA: We could just stipulate to this.
Defense: remaining witnesses Eva, Michele & Kelly. Depending on your rulings.
Judge Nathan: Letters due at 7:30 pm (Inner City Press will report - IF they get docketed)
Defense: We might end tomorrow, or on Monday.
Judge Nathan: Closings on Monday, then. Charge and to the jury.
[So, before Christmas? Countdown.
Judge Nathan: This is usually the point I allocute the defendant [that is, ask if they'll testify]
Defense: Let's do that tomorrow.
Judge Nathan: So we'll do the closings and charge on Monday [meaning, deliberation on Tuesday Dec 21
Xmas...
Judge Nathan: So we're done. You'll get the draft charge tomorrow.
[With defense agreeing closings Monday, seems clear Maxwell will NOT testify]
Judge Nathan: Letters due at 7:30 pm (Inner City Press will report - IF they get docketed)
Watch this feed.

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More from @innercitypress

18 Dec
OK - in US v. #GhislaineMaxwell, it's the Saturday "charging conference" to argue how the jury will be instructed before they deliberate on Maxwell's fate. Inner City Press will live tweet, thread below. #MaximumMaxwell
Judge Nathan: I have distributed my draft charge. Now we will discuss it.
Maxwell's lawyer Everdell: We say foreign commerce should be excluded. There's no evidence in the record about Ms. Maxwell enticing Virginia Roberts, only of Roberts enticing Carolyn.
AUSA: We're OK with removing foreign commerce from Counts 1-4.
[Note: Ghislaine Maxwell is here, sitting in the corner as ever with two (female) U.S. Marshals behind her, today in gray sweater.]
Judge Nathan: Mr. Everdell, help me find each "foreign commerce."
Read 32 tweets
17 Dec
OK - now Jan 6 multi-defendant case 21-cr-40 DDC incl MCCAUGHEY, MORSS, CAPPUCCIO, SILLS & KLEIN, Judge McFadden is holding a proceeding- with a public call-in line, like US v. #GhislaineMaxwell could/should have had. Inner City Press will live tweet, thread below
The proceeding begins with not-guilty pleas to superseding indictment, now by (former US State Department employee) Federico Klein, count 34, obstruction of a civil proceeding, count 51, violence with a deadly building in a restricted building. Pleads: Not guilty
In the wider case, Judge McFadden: Defendant claims a fire cracker is not a deadly weapon. I deny the motion to dismiss. Also before me is Morss' motion for release. The government has submitted photos & evidence of what happened on Jan 6. Detention is warranted.
Read 4 tweets
17 Dec
OK - it's US v. #GhislaineMaxwell trial Day 12, defense arguing to keep their case open until Monday for a final, 81-year old witness. Inner City Press is reporting on the case and will live tweet, thread below patreon.com/posts/60022486
Judge Nathan: I'm letting in the documents about residence versus ownership. If I weren't, you might have a point. Is this deposition transcript new to you?
Maxwell's lawyer: She was deposed in a slip and fall case.
Judge Nathan: You'll provide the transcript.
Judge Nathan: I have a rule, you have your next witness or you rest. If otherwise the case closes today, it closes today.
[Couldn't Maxwell's lawyers just do super-long direct examination? And what about the 3 day hiatus?]
Read 62 tweets
16 Dec
OK - Now Trial Day 11 of US v. #GhislaineMaxwell, Inner City Press is reporting on the case including 3 day (DC) hiatus and will now continue live tweeting the trial day(s), thread below patreon.com/posts/59982178
Judge Alison Nathan, who yesterday in DC forwarded her nomination to 2d Circuit Court of Appeals, takes the bench & just begins ruling on the filings that built up over the 3 day hiatus (request for call in line amid Omicron and all flight logs still UNacted on)
Judge Nathan: About Doctor Loftus' testimony. The US seeks to exclude 2 aspects, her testimony on leading questions and therapists' techniques. I have ruled that these are generally admissible. I deny the government's motion to preclude.
Read 36 tweets
15 Dec
Now @sdnylive, case against Robert De Niro, whose lawyer is threatening to seek sanctions against plaintiff Ms. Graham Chase Robinson. Inner City Press has reported on the case innercitypress.com/sdny25bparkerd… and will live tweet, thread below Image
De Nero's lawyer wants to do a 14 hour deposition of the plaintiff. Judge asks why.
Lawyer: There are 2 defendants here, Mr. de Nero and Canal Productions.
Judge: I don't think you are entitled to 14 hours.
De Nero's lawyer asks to move the deposition - now whittled down to 7 hours - from Friday to Monday. Judge orders it so, telling Plaintiff take make herself available absent some medical emergency.
Judge: I expect the defense not to engage in speaking objections
Read 6 tweets
15 Dec
OK - in Day 3 of 3 hiatus in #GhislaineMaxwell trial, now another sexual exploitation case, Columbia's "Dirty Doc" Hadden. Inner City Press has reported on it innercitypress.com/sdny29straussh… and will live tweet, thread below
Judge Berman (joining the proceeding after a meeting): If you want to have some additional argument, I'm happy to hear that.
Defense lawyer: We believe an evidentiary hearing is appropriate. There was been more than normal cooperation between the two prosecutors
AUSA Kim: Defendant has failed to justify any sort of evidentiary hearing. It's all speculation. There are numerous cases where there has been a Federal prosecution after a state case.
[Uh, like US Attorney Alex Acosta sending Epstein case back to the state?]
Read 9 tweets

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