DOJ-OGR-00006005.pdf

--- Page 1 --- The image displays a page from a legal document, specifically a court transcript or exhibit. The page is white with black text and features a header and footer. **Header:** * "Case 1:20-cr-00330-PAE" (blue font) * "Document 398" (blue font) * "Filed 10/29/21" (blue font) * "Page 50 of 52" (blue font) **Footer:** * "DOJ-OGR-00006005" (gray font) **Main Content:** * **F. Government Exhibit 313** + GX 313 was seized in 2019. It was not seized from Ms. Maxwell. No one will testify about where it was taken, who took it, or where it was kept. Because the government cannot establish the location of the photograph, it is not corroborative, as the government claims, of "topless swimming" at the Palm Beach pool, which is also not relevant to the allegations here. + Ms. Maxwell has not challenged other photographs showing a close relationship between Ms. Maxell and Epstein, and we expect there to be evidence of their relationship at trial. Accordingly, any probative value of the evidence is substantially outweighed by the prejudicial impact of the picture. Again, this exhibit should be excluded under FRE 401, 402, 403, and 404(b). * **G. Government Exhibit 606** + GX 606 comes from an unknown author, created at an unknown time, and for an unknown purpose. The government's proffer is speculative and does not supply any evidentiary foundation, authenticity, or relevance. The exhibit should be excluded under FRE 901, 802, 401, 402, 403, and 404(b). As with the other exhibits discussed herein, Ms. Maxwell requests a pretrial evidentiary hearing. **Date:** * Dated: October 27, 2021 **Page Number:** * 44