DOJ-OGR-00018346.pdf

Case 1:20-cr-00330-PAE Document 751 Filed 08/10/22 Page 9 of 261 1149 LC6Cmax1 1 the photos that the Court will admit are a sufficient basis 2 under 901(b)(4) which permits authentication based on the 3 appearance, contents, substance, internal patterns or other 4 distinctive characteristics of the item taken together with all 5 of the circumstances. United States v. Al Farekh, 810 F.Appx 6 2144, Second Circuit, 2020. 7 8 Based on this case law, the Court will address the 9 government's requested photographs specifically. 10 First, the government seeks to admit six photos, Exhibits 909 11 through 911, and 913, 915, and 933 that depict structural 12 features of Epstein's apartment. These photos corroborate Jane's 13 testimony that the apartment was massive and contained lots of 14 stone and old wood. Trial transcript 317 to 18 and 320. These are 15 structural features likely to have remained relatively unchanged, 16 even years later. Indeed, the defense expressly does not object 17 to these six photos. I admit these six photos. 18 19 Second, I will admit the photos of Epstein's massage room, 20 photos 902 through 904, 917 and 928, but only if the pictures on 21 the wall are redacted. The exhibits could corroborate several 22 aspects of Jane's testimony, including that the room was the size 23 of a giant walk-in closet, but space for a giant massage table in 24 the middle of it. Trial transcript at 320. 25 She also described it as very dark and with a red mood SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00018346