DOJ-OGR-00008339.pdf

Case 1:20-cr-00330-PAE Document 536 Filed 12/10/21 Page 29 of 43 29 LBNMAXTps 1 MR. ROHRBACH: I apologize, your Honor. I'm just trying to pull find that. This is for the -- 2 3 THE COURT: For witness 3. 4 MR. ROHRBACH: For witness 3. Yes, your Honor, we agree that's a correct statement of the law. 5 6 THE COURT: But you want to add "solely." 7 MR. ROHRBACH: Yes. The government thinks that that clarification -- 8 9 THE COURT: Let me ask you this. So if you add "solely," then, to my ear, it would mean that you can convict the defendant on the basis of the testimony of witness 3 regarding the sexual conduct between this witness and Mr. Epstein, and other evidence regarding the sexual conduct between this witness and Mr. Epstein. Is that a correct statement of law? 10 11 12 13 MR. ROHRBACH: Yes, your Honor. Insofar as the Court has ruled that evidence related to witness 3 is direct evidence of the offense, if that is offered in combination with other evidence in the case that goes -- 14 15 16 17 18 19 THE COURT: No, I think maybe you misunderstood my question. The government has said that the sexual conduct between Mr. Epstein and this witness took place over all relevant ages of consent. Correct? 20 21 22 23 MR. ROHRBACH: Yes, your Honor. 24 THE COURT: So the defendant can't be convicted based 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00008339