mirror-epstein-docs/results/IMAGES005/DOJ-OGR-00014364.json

{
  "document_metadata": {
    "page_number": "60",
    "document_number": "765",
    "date": "08/10/22",
    "document_type": "court transcript",
    "has_handwriting": false,
    "has_stamps": false
  },
  "full_text": "Case 1:20-cr-00330-PAE Document 765 Filed 08/10/22 Page 60 of 95 2798 LCIAMAX2ps\n\n1 (Jury not present)\n2 THE COURT: All right. Mr. Everdell.\n3 MR. EVERDELL: Thank you, your Honor. The next page we have is page 54, instruction 39, the conscious avoidance instruction. Your Honor, on that, the defense objects to this being included, this instruction being included in the charge.\n4 I think, as the Court is aware, to include an instruction on conscious avoidance, you have to establish two prongs. First is that the defendant has to assert some lack of specific aspect of knowledge required for conviction. I don't think we're disputing that. But the second prong is that there must be an appropriate factual predicate for the charge. And here, your Honor, the government's theory of the case and the proof that's been elicited through the testimony is that she was an active participant in all aspects of the charges. There has been testimony by all of the witnesses that she was not only participating and facilitating the sexual encounters but that she participated. So we have testimony from Jane that she was involved, that Ms. Maxwell was involved in the group sexualized massages. We had testimony from Annie that the topless massage was done by Ms. Maxwell; she rubbed the top part of her chest during the topless massage. We had testimony from Carolyn that Ms. Maxwell groped her breasts and commented upon her hips. These are all active-participant measures.\n5 This is someone that's not consciously avoiding.\n\nSOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300\n\nDOJ-OGR-00014364",
  "text_blocks": [
    {
      "type": "printed",
      "content": "Case 1:20-cr-00330-PAE Document 765 Filed 08/10/22 Page 60 of 95 2798 LCIAMAX2ps",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "(Jury not present)\nTHE COURT: All right. Mr. Everdell.\nMR. EVERDELL: Thank you, your Honor. The next page we have is page 54, instruction 39, the conscious avoidance instruction. Your Honor, on that, the defense objects to this being included, this instruction being included in the charge.\nI think, as the Court is aware, to include an instruction on conscious avoidance, you have to establish two prongs. First is that the defendant has to assert some lack of specific aspect of knowledge required for conviction. I don't think we're disputing that. But the second prong is that there must be an appropriate factual predicate for the charge. And here, your Honor, the government's theory of the case and the proof that's been elicited through the testimony is that she was an active participant in all aspects of the charges. There has been testimony by all of the witnesses that she was not only participating and facilitating the sexual encounters but that she participated. So we have testimony from Jane that she was involved, that Ms. Maxwell was involved in the group sexualized massages. We had testimony from Annie that the topless massage was done by Ms. Maxwell; she rubbed the top part of her chest during the topless massage. We had testimony from Carolyn that Ms. Maxwell groped her breasts and commented upon her hips. These are all active-participant measures.\nThis is someone that's not consciously avoiding.",
      "position": "main"
    },
    {
      "type": "printed",
      "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300",
      "position": "footer"
    },
    {
      "type": "printed",
      "content": "DOJ-OGR-00014364",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [
      "Mr. Everdell",
      "Jane",
      "Annie",
      "Carolyn",
      "Ms. Maxwell"
    ],
    "organizations": [
      "SOUTHERN DISTRICT REPORTERS, P.C."
    ],
    "locations": [],
    "dates": [
      "08/10/22"
    ],
    "reference_numbers": [
      "1:20-cr-00330-PAE",
      "765",
      "DOJ-OGR-00014364"
    ]
  },
  "additional_notes": "The document appears to be a court transcript with clear and legible text. There are no visible redactions or damage."
}