{
  "document_metadata": {
    "page_number": "2",
    "document_number": "453",
    "date": "11/12/21",
    "document_type": "Court Document",
    "has_handwriting": false,
    "has_stamps": false
  },
  "full_text": "Case 1:20-cr-00330-PAE Document 453 Filed 11/12/21 Page 2 of 52\n\nTABLE OF CONTENTS\n\nI. THIS COURT SHOULD PRECLUDE INTRODUCTION OF ALLEGED CO-CONSPIRATOR STATEMENTS AS A SANCTION FOR GOVERNMENT'S FAILURE TO COMPLY WITH THIS COURT'S SEPTEMBER 3, 2021 ORDER 1\nA. The Court's Order was Neither Ambiguous Nor Misread by the Defense 1\nB. The Court Has the Authority to Require Disclosure 2\nC. There Should Be a Sanction 4\nD. There are Substantial Issues with the Government's Anticipated Position 5\nII. GOVERNMENT CONCEDEDLY FAILED TO GIVE NOTICE OF THE BASIS OR REASONING TO ADMIT ANY 404(B) EVIDENCE 6\nA. The Emails Bear No Relationship to the Charged Conspiracy, Reflect Pure Propensity Evidence, and Otherwise are Unduly Prejudicial to Uninvolved Third-Party Adults. 7\nB.  11\n1.  12\n2. The government has apparently abandoned efforts to introduce her testimony as Rule 404(b) evidence. 13\n3.  constitutes an impermissible constructive amendment and variance to the Indictment. 13\nC. Ms. Maxwell reiterates her request to defer briefing and ruling on the admissibility  for two weeks. 15\nIII. THIS COURT SHOULD EXCLUDE LISA ROCCHIO'S TESTIMONY UNDER FEDERAL RULE OF EVIDENCE 702 AND DAUBERT V. MERRELL DOW PHARMACEUTICALS, INC., 509 U.S. 579 (1993) AND GRANT A DAUBERT HEARING 15\nA. This Court should reject the government's arguments to the extent that they are based on newly disclosed material, which this Court ordered the government to produce six months ago. 15\nB. Rocchio's proposed testimony is inadmissible 17\nC. At a minimum, this Court should hold a Daubert hearing. 23\nIV. THE COURT SHOULD EXCLUDE EVIDENCE RELATED  24\nV. THE GOVERNMENT CONCEDEDS THAT IT WILL NOT OFFER EVIDENCE OF MS. MAXWELL'S ALLEGED \"FLIGHT\" 32\ni DOJ-OGR-00006882",
  "text_blocks": [
    {
      "type": "printed",
      "content": "Case 1:20-cr-00330-PAE Document 453 Filed 11/12/21 Page 2 of 52",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "TABLE OF CONTENTS",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "I. THIS COURT SHOULD PRECLUDE INTRODUCTION OF ALLEGED CO-CONSPIRATOR STATEMENTS AS A SANCTION FOR GOVERNMENT'S FAILURE TO COMPLY WITH THIS COURT'S SEPTEMBER 3, 2021 ORDER 1\nA. The Court's Order was Neither Ambiguous Nor Misread by the Defense 1\nB. The Court Has the Authority to Require Disclosure 2\nC. There Should Be a Sanction 4\nD. There are Substantial Issues with the Government's Anticipated Position 5",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "II. GOVERNMENT CONCEDEDLY FAILED TO GIVE NOTICE OF THE BASIS OR REASONING TO ADMIT ANY 404(B) EVIDENCE 6\nA. The Emails Bear No Relationship to the Charged Conspiracy, Reflect Pure Propensity Evidence, and Otherwise are Unduly Prejudicial to Uninvolved Third-Party Adults. 7\nB.  11\n1.  12\n2. The government has apparently abandoned efforts to introduce her testimony as Rule 404(b) evidence. 13\n3.  constitutes an impermissible constructive amendment and variance to the Indictment. 13\nC. Ms. Maxwell reiterates her request to defer briefing and ruling on the admissibility  for two weeks. 15",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "III. THIS COURT SHOULD EXCLUDE LISA ROCCHIO'S TESTIMONY UNDER FEDERAL RULE OF EVIDENCE 702 AND DAUBERT V. MERRELL DOW PHARMACEUTICALS, INC., 509 U.S. 579 (1993) AND GRANT A DAUBERT HEARING 15\nA. This Court should reject the government's arguments to the extent that they are based on newly disclosed material, which this Court ordered the government to produce six months ago. 15\nB. Rocchio's proposed testimony is inadmissible 17\nC. At a minimum, this Court should hold a Daubert hearing. 23",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "IV. THE COURT SHOULD EXCLUDE EVIDENCE RELATED  24",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "V. THE GOVERNMENT CONCEDEDS THAT IT WILL NOT OFFER EVIDENCE OF MS. MAXWELL'S ALLEGED \"FLIGHT\" 32",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "i DOJ-OGR-00006882",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [
      "Maxwell",
      "Lisa Rocchio"
    ],
    "organizations": [
      "DOJ"
    ],
    "locations": [],
    "dates": [
      "September 3, 2021",
      "11/12/21",
      "1993"
    ],
    "reference_numbers": [
      "1:20-cr-00330-PAE",
      "Document 453",
      "DOJ-OGR-00006882",
      "509 U.S. 579"
    ]
  },
  "additional_notes": "The document appears to be a court filing with a table of contents. There are redactions in some sections."
}