[Extra details c/o Adam Klasfeld]
We're back for the sixth day of deliberations in the Ghislaine Maxwell case—or the start of the fifth full day, depending on how you're counting. The jury ended yesterday announcing "we are making progress."
Judge Nathan reads a new Ghislaine Maxwell jury note.
"May we please have the following transcripts:"
- Shawn
- Cimberly Espinosa
- Amanda Young
- Jason Richards
Also one name she didn't read. Of note:
This appears to be the first time they requested transcripts of defense witness testimony.
Espinosa was an ex-assistant at J. Epstein & Co.
Young and Richards are FBI agents called by the defense.
Shawn was Carolyn's ex-boyfriend, called by the prosecution. The remaining (unread) name was apparently illegible. Judge Nathan is seeking clarification from the jury.
The jury also wants to know whether they're being asked to deliberate on New Year's Eve and New Year's Day.
Judge Nathan said that her "inclination" is to say, “Yes, you will continue deliberations as needed, every day, going forward.”
That includes New Year's Eve, New Year's Day and the following Sunday, she adds.
The jury clarifies the illegible name on the note: "We are requesting the transcript of the expert witness on memory."
That's Elizabeth Loftus, Judge Nathan notes.
Another Ghislaine Maxwell jury note:
"May we please have the Larry Visoski transcript."
That means they're scrutinizing the testimony of both former Jeffrey Epstein pilots.
Judge Nathan: "We have a verdict."
A jury has found Ghislaine Maxwell
Count 1: Guilty
Count 2: Not Guilty
Count 3: Guilty
Count 4: Guilty
Count 5: Guilty
Count 6: Guilty
Virginia Giuffre, whose civil lawsuit helped spark Ghislaine Maxwell’s prosecution, responds to the verdict:
"My soul yearned for justice for years and today the jury gave me just that. I will remember this day always.
Having lived with the horrors of Maxwell’s abuse, my heart goes out to the many other girls and young women who suffered at her hands and whose lives she destroyed.
I hope that today is not the end but rather another step in justice being served. Maxwell did not act alone. Others must be held accountable. I have faith that they will be."
[Extra details c/o Adam Klasfeld]
Depending on your metrics, we're entering either Day Five of Ghislaine Maxwell deliberations or the fourth full day of deliberations.
By any metric, the jury's been thorough—and they're a bit confused about New Mexico.
Some context:
Their last request for clarification was about the fourth of six charges, and they previously sought guidance about Carolyn, who's at the heart of the last two counts.
We don't know they're approaching the verdict sheet chronologically, but if they are...
New on the docket: https://pbs.twimg.com/media/FHs2rp3WYAQqQ-G?format=png
Ghislaine Maxwell's lawyers note juror confusion about the elements of the fourth count, which accuses her of transporting "Jane" from Florida to NYC for illegal sex acts with Epstein.
Jurors asked about... New Mexico. They want Judge Nathan to correct them.
Nathan essentially told jurors to re-read the jury charge, which laid out the correct standard: https://pbs.twimg.com/media/FHs39FJXwAI8OWB?format=jpg
Maxwell's lawyers say that's not good enough. Maxwell's attorneys want Judge Nathan to issue these additional instructions: https://pbs.twimg.com/media/FHs6-7JWQA050Ov?format=png
Judge Nathan is addressing the new docket letter now, saying it was filed in the "wee hours."
The prosecutor urges against any change. She says it was a "thorough and carefully considered" legal instruction.
There's nothing wrong with referring them to the correct legal instruction, which was the jury charge they received before deliberations.
Judge Nathan notes that the defense's jury instruction addresses Count Two—which the jury didn't ask about.
She also says the defense's final proposed instruction is "just wrong"; jurors can consider conduct outside of New York in deciding on conduct in New York, she says. https://pbs.twimg.com/media/FHs_BZEXsAMBNh8?format=png
Judge Nathan also puts on the record that there's an "astronomical spike" of COVID-19 infections in New York, in explaining the need for extending deliberation an hour.
As the jury still deliberates in the Maxwell case, Prince Andrew tries to stave off Virginia Giuffre's civil lawsuit by arguing that the U.S. court may not have jurisdiction:
https://pbs.twimg.com/media/FHton_TXsAQWPJN?format=png
The prince is attacking Giuffre's ties to Colorado, claiming she's "actually domiciled in Australia." Prince Andrew's attorneys want "limited jurisdictional discovery" on this issue—and stay all other discovery—before formally challenging jurisdiction.
Judge Nathan enters and reads a jury note.
"Our deliberations are moving along, and we are making progress."
They want to adjourn at 5 p.m. and come in at 9 a.m.
Judge Nathan says she must require the jurors to come in every day until they reach a verdict because of the "highly contagious Omicron variant."
"I must require deliberations every day forward until they reach a verdict."
The judge says that this is necessary to avoid a mistrial in the event of an outbreak.
The jury enters the courtroom.
Judge Nathan tells them she will send them home at the requested time and urges them to take all precautions against COVID. She reminds them of the protocols— N-95 and KN-95 masks at all times plus physical distance.
Judge Nathan asks for them to sit for deliberations every day this week, unless they have "unmovable commitments."
To be clear:
Judge Nathan explicitly contemplated the possibility of this including weekends; the defense raised concerns about that.
Before the jury entered, she said she didn't need to decide that question now, but it's on the table if they don't reach a verdict before then.
[Extra details c/o Adam Klasfeld]
New Ghislaine Maxwell jury note:
Judge Nathan says that jurors made a number of requests, including for different color "Post-Its," highlighters of different colors, whitepaper board, and "Matt's" transcript.
They also want a definition of "enticement."
Variations of the word "entice" appear at least 21 times in Ghislaine Maxwell's superseding indictment:
https://pbs.twimg.com/media/FHn-h0OXEAkYPMJ?format=png
https://pbs.twimg.com/media/FHn-ioHWUAQDlwL?format=png
In part, Judge Nathan has referred jurors to her instructions on page 21:
https://pbs.twimg.com/media/FHn_hBdX0AM8suL?format=png
Ghislaine Maxwell's jurors now want the testimony of Gregory Parkinson, a retired police officer who told the jury about the Oct. 20, 2005, search of Jeffrey Epstein's house.
Parkinson was also called to Epstein's same Palm Beach home 2003, for a reported burglary.
Reminder: That's the year Epstein's ex-house manager Juan Alessi testified that he stole money from his former boss.
Jurors requested Alessi's testimony before the holiday break.
[Retweet from Marta Dhanis: Maxwell walked inside courtroom for first time this morning at 10:27am wearing a camel turtleneck and black pants. She seemed happy to see her defense team and went to hug each of them. Menninger, Everdell, Sternheim, and lastly Pagliuca who loudly said: “Happy birthday”.]
Judge Nathan also said:
"I will then say further 'entice' means to 'attract,' 'induce' or 'lure' using hope or desire."
Now Ghislaine Maxwell jurors want the transcript of ex-Epstein pilot David Rodgers’ testimony.
Another day of Ghislaine Maxwell deliberations without a verdict—and a jury note suggesting confusion on the fourth count.
[Extra details c/o Inner City Press]
Inner City Press is on alert for any US v. #GhislaineMaxwell jury notes and, of course, any verdict. But there's been radio silence from the jury today as they deliberate.
I have been here since 9 am, like the jury. But they have not passed a single note, in five 1/2 hours, to Judge Nathan asking for more information. There's a range of speculation, but not movement at all.
2045GMT
Judge Nathan just took the bench after 6+ hours. She says she will send in a note asking the jurors if they want to come in and deliberate more tomorrow Dec 23.
Ghislaine Maxwell has been brought out to the courtroom and is sitting at the defense table. Her official lawyer Bobbi Sternheim is back speaking to the front row of the gallery - where Leah Saffian is.
Jury has a note: "May we please have the following testimonies in a binder: Kate. Jane ["something else written next to it," Judge Nathan says, "I don't know if they are asking for another copy"]
Judge Nathan says something has been crossed out on the note. Lawyers laugh.
Judge Nathan: I guess they are asking for another copy [of Jane]. Also, they want Kate & Juan" [Alessi]
Judge Nathan: I believe the response [about deliberating tomorrow Dec 23] is coming
Yesterday the jury asked for testimony of Jane, Annie and Carolyn - and not Kate. Today, Kate and Juan Alessi.
Judge Nathan: The response [on deliberating tomorrow] is No, thank you. [So it will break for four days - caused by earlier three day break?]
Judge Nathan: So I'll see everyone at 4:25 (2125GMT) [the jury wants to leave at 4:30 (2130GMT), and not deliberate tomorrow]
2125GMT
Judge Nathan: Bring in the jurors.
All rise!
Jury enters
Judge Nathan: Please be seated. Alright. You declined my invitation to deliberate tomorrow. We will resume Monday at 9 am. Same instructions. Please stay safe over the long weekend. I need all of you here and healthy on Monday.
Judge Nathan: The court is going to announce new restrictions on Monday, N-95 masks to get into the courthouse. Over the weekend, no consumption of any media of any kind. If any issues arise, regarding COVID contact Ms. Williams. Happy holiday.
Judge Nathan (to lawyers) - Anything?
No. The masking rules will come out - we'll have supplies. I need most of you back here on Monday. See you Monday.
You're most welcome. The mods have a difficult job and great responsibility, so if some things are missed on occasion it's understandable, but rest assured that if it is relevant what is in the dark will come to light.
[Extra details c/o Adam Klasfeld]
The first full day of jury deliberations begins in the case of Ghislaine Maxwell.
In an interview yesterday, I was asked about an instruction given to the jury in considering their verdict: "conscious avoidance."
To be clear:
The claims against Maxwell are NOT that she avoided knowledge of alleged crimes.
Maxwell is accused of facilitating and participating in Jeffrey Epstein's abuse of minors. Three accusing witnesses testified that she touched their breasts.
If the jury accepts the defense's efforts to distance Maxwell from Epstein, however, this charge could become significant.
Now, jurors have been instructed to consider whether she was "willfully blind" to what was going on—and multiple witnesses called her Epstein's "No. 2."
Jurors will then need to be asked whether Ghislaine Maxwell, described by two of Epstein's ex-pilots under oath as his "No. 2" and by his ex-house manager as the "lady of the house," knew what the late sex offender was up to.
Jurors will then need to be asked whether Ghislaine Maxwell, described by two of Epstein's ex-pilots under oath as his "No. 2" and by his ex-house manager as the "lady of the house," knew what the late sex offender was up to.
The first major trial that I ever covered in the legal beat hinged upon the concept of conscious avoidance: the 1998 U.S. embassy bombings case of Ahmed Ghailani, the first Guantánamo detainee to be tried in a civilian court - Right here in the Southern District of New York.
The defense in that case was that Ghailani was an unsophisticated errand used by hardened terrorists to obtain the bomb-making materials.
Their summations went: "Ahmed did not know."
Jurors acquitted on more than 200 counts and convicted on one—leading to his life sentence.
There was a jury note in that case seeking guidance on the concept of conscious avoidance.
The instructions may seem like arcane legalese, but believe me, 12 jurors can and do pay attention to this stuff.
Time will tell how they assess this case. The only correct answer in response to the question "When will the verdict come down?" in this or any other case:
¯_(ツ)_/¯
Just a follow-up point:
All of this makes things significantly harder for Maxwell. "Conscious avoidance" charges are quite common — and the bane of defense attorneys.
Ghislaine Maxwell's prosecutors and defense attorneys returned to their tables.
Judge Nathan enters: "I have a note."
"We would like the transcripts/testimony of 'Jane,' Annie and Carolyn."
The judge says that she'll note stating they're getting the transcripts ready and will send them into the jury room.
Upshot:
They want to look at a broad swath of evidence: all of the testimony of all the alleged victims.
(Remember: "Kate," whose transcript they did not request, is not Maxwell's alleged victim, per the judge's instruction.)
Only seen by jurors yesterday, the slides shown during the closings in Ghislaine Maxwell's trial have been released.
On the left, a representative slide from the prosecution's summation—a long, enduring relationship. https://pbs.twimg.com/media/FHJlPGXXwAIbLs-?format=jpg
On the right, the defense's—attacking plaintiffs' lawyers. https://pbs.twimg.com/media/FHJlP7mX0AQnNgN?format=jpg
Interesting sleight of hand on the defense chart, attacking testimony by Annie Farmer: https://pbs.twimg.com/media/FHJnEixWUAAEpiY?format=jpg
-
The highlighted text supporting the claim on the slide's title is the defense's attorney's question.
-
Farmer's answers, not highlighted, contradict the premise of the questions.
Ghislaine Maxwell's lawyers know how to hammer home a theme.
(More defense slides—It goes on like this for four more slides.)
- https://pbs.twimg.com/media/FHJo1hiXsAY5n97?format=jpg
- https://pbs.twimg.com/media/FHJo2ZeWUAEWb9P?format=jpg
- https://pbs.twimg.com/media/FHJo3RCXsAgnItM?format=jpg
- https://pbs.twimg.com/media/FHJo4FhWYAMoSOE?format=jpg
Jurors want to scrutinize an FBI note from Carolyn's interview in 2007.
Here's the thing:
Notes from FBI interviews are NOT evidence. Jurors want to know the basis of Carolyn's cross-examination, showing they appear to be engaging with the defense here. Jurors appear also to have some confusion about the role about FBI 302s.
[NECESSARY DISCLAIMER: It is generally counterproductive to read the tea leaves from jury notes, which represent snapshots from their deliberations. We don't know what inside the note sparked the debate. That said, they do provide a window into what they're scrutinizing.]
Also, the phrasing of the court's instruction makes clear that the document that jurors requested is not an admitted exhibit, but the testimony alluding to it is before them.
Essentially, jurors want to scrutinize the FBI's notes of unrecorded interviews that are not verbatim transcripts, which are unable to be entered into evidence because they cannot be authenticated.
In fact, jurors called it an FBI "deposition" — which it isn't. They're unauthenticated notes. That confusion would appear to benefit the defense, suggesting at least one of them is giving it the weight of one.
After the proceedings regarding this note, Maxwell's lawyer Bobbi Sternheim appeared to be smiling ear to ear in a conversation with someone in the front of the gallery.
Maxwell also appeared to be more upbeat than when she entered.
Final note:
U.S. District Judge Alison Nathan sent back an instruction: "All admitted exhibits are before you," along with a reminder that the testimony about the FBI notes are before them. Perhaps we'll see if that dispels any confusion.
Another jury note:
"We would like to end today at 5 p.m. (2200GMT)"
They want to work tomorrow at 9 a.m. to 4:30 p.m (1400 to 2130). and have lunch at "12 noon (1700GMT), if possible."
Judge Nathan raises the possibility of Thursday deliberations.
To be absolutely clear: Jurors will not see those FBI notes, which are not in evidence. Carolyn's testimony is key to the top count of sex trafficking.
New jury note:
“Can we consider Annie [Farmer]’s testimony as conspiracy to commit a crime in counts one and three?”
AUSA Comey: A one-word answer would be correct here. The government’s proposal is “Yes.”
Judge Nathan appears to agree.
The jury will receive this reply:
"I received your note. The answer is: yes, you may consider it."
It's the same guy for sure https://archive.md/q9SR8 so either the guy in the video has his details skewed or his death was announced 2 years later. Strange.
[Continued]
1956GMT
AUSA Comey: It's like the stuffing at Thanksgiving - there every time. Look at these photos [we can't, at AUSA Comey's request.] Carolyn named Maxwell as one of 2 people who would set up the massages. She told Shawn, that she couldn't pronounce the name.
AUSA Comey: There is not a shred of evidence that a group of lawyers got together and made up a story about Maxwell. The lawyers got their money before this trial started.
AUSA Comey: Why would the ex-boyfriends come here and lie to you? And Alessia - the defense tried to dirty him up. But he admitted he stole. He has no reason to lie.
AUSA Comey: If they wanted to frame Maxwell they would have put way deeper in. No. They testified for justice. ... The defendant is guilty.
Judge Nathan: Thank you Ms. Comey. I will now read the charge.
Jury charge available here: https://www.documentcloud.org/documents/21165303-finaljurychargeicp
[Continued]
AUSA Moe: Beyond the law, and venue, let me respond to what the defense has said. In their opening, Maxwell's counsel said Maxwell is being blamed for something a man did. But she made her own choices.
AUSA Moe: This case is about manipulating young girls. And the case was about money. Carolyn got a few hundred dollars, Maxwell got $30 million.
AUSA Moe: This trial was also about memory - you heard about trauma. They argue Maxwell was too busy to commit these crimes. But Maxwell had personal assistants, and a woman to walk her dog. She ordered sand to be delivered to Epstein's private island.
AUSA Moe: Their expert Elizabeth Loftus tried to convince people they say Bugs Bunny at Disney World. She admits she is an advocate for the defense. She's made a lot of money.[Does not mention Harvey Weinstein, or Robert Durst, etc]
AUSA Moe: The payments under the Epstein victims compensation fund are done, the witnesses have no financial stake in the outcome of this trial. They are corroborated, by Juan Alessi, Mulligan, and the witnesses called Matt and Shawn
AUSA Moe: There is only one conclusion, that Maxwell is guilty and you should convict her. Use your common sense. You will reach the only verdict consistent with the evidence: Maxwell in guilty.
1616GMT
Judge Nathan: We're going to take a lunch break.
Judge Nathan: No discussions about the case.
Bobbi Sternheim: The massage table coming from California is not enough [for interstate commerce]. We want a limiting instruction.
AUSA: We showed the listings in the list of masseuses of numbers for Mom and Dad.
Judge Nathan: I deny the motion for a mistrial.
Recess
1702GMT
Now defense closing by Laura Menninger.
Maxwell's lawyer Menninger: I am not here to defend Jeffrey Epstein. He is not my client. The US presented evidence like a sensational tabloid. Private island, photos. These were things that Epstein did, perhaps, his crimes. But Ghislaine Maxwell is not Epstein
Menninger: Where are the other 37,000 photographs? Who was in them? You don't know. They didn't bring you those photos. There were folders and binders. But they brought you the most innocuous photos of a couple that was once together.
Menninger: This is straight up sensationalism, your Honor, I mean, ladies and gentlemen. There's the lack of evidence. Jane hired Robert Glassman two weeks before she spoke to the FBI in 2019. The lawyers like Boies Schiller helped set up the Epstein victims fund
Menninger: Then there's the manipulation piece. We'll go through the stories of each witness. The stories have changed. Carolyn had a lawyer in 2008, a story about Epstein and Sarah Kellen who she also sued without mentioning Ghislaine Maxwell.
Menninger: Where are your boots that you say they bought you? We had to ask those questions. The truth was manipulated over time. They've made Ghislaine Maxwell to be Cruela DeVille and the Devil Wears Prada all rolled up in to one.
Menninger: The pilot told you Jane was a fully growth, mature woman. Ghislaine didn't entire her to travel. The US said she was "sometimes in the room when it happened." But Jane said she wasn't sure.
Menninger: Jane said she went to Epstein's house every week. But no one took the stand to say she spent time with Ghislaine. Who are these relatives? Annie's mom came; she said she never spoke to Maxwell.
Menninger: Larry the pilot said Jane was fully mature. No pilot testified he saw Carolyn, or Kate, or Annie. There was not culture of silence, you just got the sound of silence. One got a two time burglar with an ax to grind.
Menninger: They said you'd learn Ghislaine was in the room. But Jane can't remember. And there's no motive. They say a happy, educated woman in her 30s would end her career as a facilitator of sexual abuse - but where's the evidence? Epstein was a manipulator.
Menninger: Do you know Ghislaine's life style before Epstein, and after? Maybe it was Jeffrey who needed Ghislaine and her connection, and not the other way around.
Menninger: I want to talk about Jane's age. Her father died at 13 - tragic. But she's applying to go to an arts camp that cost $4000 per person. They didn't even apply for financial aid.
Menninger: We see her travel records, this person who says he was indigent - she traveled to Italy. There's a flight I'll show you [slides withheld from press and public] that shows Jane flew at earliest at 16.
Menninger: Jane got her dates wrong, in a case that's about dates, and about travel. This homeless Jane, traveling all over. She says she sang for Mike Wallace's 80th birthday. But she was 17 by then. She got it wrong.
Menninger: The government just said, We'll assume your first time to New York wasn't the Lion King data. Doctor Loftus said this is unlikely, this unremembering.
1750GMT
Menninger: She talked about group sexualized massages. You have a right to evidence. She gave names - none of these women called the police. They said "Sophie," blonde and pretty, married a race car driver. She said Eva joined in with Sophie.
Menninger: She walks about Emmy and Michelle. They now say it could be any old Michelle. Jane said it's the Michelle who hung out with Emmy. Michelle said, I'm a housewife. This is a pattern of Jane picking names out of people she met in Epstein's world
Menninger: She told you she met Donald Trump. But she has her time frame wrong. She's trying to insert Ghislaine into the story after the fact. Her lawyer Glassman told her it would help get money.
Menninger: She says she was in a movie called Five Monkeys. But there is no movie called 5 Monkeys. There is a movie called 12 Monkeys. And she claimed that hand holding was sexual abuse. She went to New York mostly to see her sister. Ghislaine was nowhere around.
Menninger: There is no mention of Ghislaine Maxwell in Annie's diaries. Epstein was not in the room when she got the massage. She told the compensation fund that her breasts were gropes. She got $1.5 million. What is the evidence of what Ghislaine Maxwell knew?
Menninger: If we had Annie's journals we might know. But we don't, so we don't. Maybe she just got it wrong. By a year. Meaning she's 17, when she went there. When did she go to Thailand? The records say she was 18, through Dusseldorf. Her mother was there.
Menninger: Now let's talk about the boots. She said the government didn't ask for them in 2006. You'll have the boots with you back in the deliberation room, you'll see how worn they are.
Menninger: Where is the chef from the ranch? Where are her diaries? What you got is a photograph of the front and back of a diary, and few pages. But not the rest. Ms. Farmer told you she met Boies Schiller when she was going to be a witness in Roberts' case.
Menninger: Kate filled out a U visa application for exceptional people. She said she is exceptional - she's a music therapist. She says she's using a pseudonym because of her child. But she used her own name in court after Epstein's death.
Menninger: Kate claims she met Ghislaine Maxwell in London, when she was younger than 17. The said "the house with the red door," look at it, across from the Nag's Head Pub. [Slide withheld from Press and public]
Menninger: Let's talk about Carolyn. She says she saw a photograph of Ghislaine Maxwell pregnant. But no one else saw this. Money. The first time Maxwell is accused of anything by Carolyn was during the compensation process.
1833GMT
Menninger: Let's talk about Shawn, her ex boyfriend, with his felony convictions. Carolyn tried to minimize her drug abuse. But Shawn told you they were abusing marijuana, cocaine, ecstasy and other drugs. They shared a phone, calls from Kellen and Epstein
Menninger: Let's talk about Dr Rocchio, the ultimate victim apologist. She's not trained to question accusers accounts. There was no evidence Ghislaine Maxwell groomed anyone. Kate was dating a man Maxwell's age.
Menninger: The government has no basis to say that Ghislaine Maxwell wrote the document about her relationship with Epstein, told in the third person. There's no proof.
Menninger: And why didn't Virginia Roberts testify? If she could corroborate what Carolyn told you, don't you think she would have? Why would a proper Oxford educated woman do this?
Menninger: Larry the pilot said sure he signed a Non Disclosure Agreement, people don't want talk about famous people flying on the plane, like Bill Clinton and John Glenn...
Menninger: Epstein put his helicopter in the name of Air Ghislaine. That would correspond to the $7 million. Rich people do that. Epstein was generous. He was building a lodge at Interlochen that was handicapped accessible.
Menninger: Certainly no one from JP Morgan told you what the money was for... Judge Nathan: Ms. Menninger, we're just going to take a real quick stretch break. [Ghislaine Maxwell stands up, stretches, sits down]
Menninger: Mr. Alessi told you when women other than Ghislaine visited, he would take her photo down -- Oops, I got ahead of myself Check out the flight logs for yourself. [Press and public can't, and challenge not docketed]
Menninger: Mr. Alessi was not doing a good job. Does being a tough boss make you an enforcer of a code of silence? He doesn't really authenticate the black address book. Where are the other staff?
Menninger: Mr. Alessi told you a story that was not true. That he broke in to help someone. But it was to steal a gun. He broke in twice. You can't trust this man's word.
Menninger: Memory doesn't work like a tape recorder, that you could rewind and just hit play. None of these interviews were recorded. They all had a plan to get money.
Menninger: The government would ask again and again, are you sure there was no sexual abuse in New Mexico? Doctor Dubin was solid on what she did not have the group sex alleged.
Menninger: Counts 2 and 4 rely on Jane entirely. If you don't believe her, drop the counts Count 6 relies on Carolyn. If you don't believe her, drop the count.
1913GMT
Menninger: Ghislaine is being tried here for being with Jeffrey Epstein. Maybe it was the bigger mistake of her life. But it is not a crime. Acquit her.
Judge Nathan: Let's take a break.
AUSA: We want a curative instruction. Ms. Menninger read from an email that was precluded.
Judge Nathan: The curative instruction you are asking for is in the charge.
Now AUSA Maurene Comey's rebuttal summation - with all slides and demonstratives withheld from Press and public.
AUSA Comey: Ghislaine Maxwell touched three witnesses breasts. The defense tried to get you to look way through the massive amount of evidence Ms. Moe walked you through this morning [all slides and demonstratives withheld from public and Press]
Now AUSA Maurene Comey has started her 35 minutes rebuttal.
AUSA Comey: You saw it in this exhibit [withheld] - who needs that many massages? She was in the room, she knew. The $30 million is "we molested kids together" money.
AUSA Comey: People who prey on children do not leave behind documents. The defendant was not walking out of massage rooms and writing a memo, Today I touched Jane's breasts.
AUSA Comey: Look at the flight logs [we'd like it], Epstein flying to New Mexico, then leaving a year later with Ms. Maxwell. Ms. Menninger was trying to mislead you.
AUSA Comey: The defense's own expert Professor Loftus said, Some things you never forget, moments that change your life. Imagine you had to remember Thanksgiving from years ago. Turkey happens every time.
AUSA Comey: Which would out more, how old you were on Mike Wallace's birthday? Or how old you were when a middle-aged man molested you? All the defense can argue is she was 16 nor 14 when I touched her breasts. It's still a crime.
[Continued in Reply]
I just went on a quick dig and it's starting to check out.
Carole Greenwood Q&A https://archive.md/yj2EO
Dylan Nathaniel Greenwood Obituary https://archive.md/uxLN4
Excerpt from Washington City Paper https://archive.md/2IBdy
Alefantis stepped in, taking in Greenwood and her teenage son, Dylan, at his apartment in Georgetown. One Saturday, typically the busiest day of the week for a restaurant, Greenwood came down with food poisoning. As it happened, Alefantis had a rare night off and so, with an assist from Dylan, he took over the kitchen at Greenwood.
Also the only reason she stayed in DC was to display her art in Alefantis' gallery:
She casts a glance at Alefantis. “Would I have stayed in Washington without a gallery show of my work?” She pauses. “No.”
Score one for Alefantis, who now can lay claim to a gallery, a restaurant, and a new creative partnership. “Art and the restaurant; the restaurant and the gallery…” he muses. “I just couldn’t see us having the one without the other.”
Excerpt from Washington Post article shows neglect on Carole's part https://archive.md/VnHXY
Carole Greenwood of Greenwood Restaurant has raised 13-year-old Dylan by herself. Until two years ago, her son spent every night at her parents' house and she saw him only on weekends. "Some days I feel tremendous guilt," she says. "But I made a clear choice to do this on my own."
Five days after his birth, she returned to the Charlottesville restaurant where she was chef with him in a laundry basket. When she took a job as a chef in Georgetown, she had to place him in day care and with her parents at night, and finally with them all week. "I felt tremendous guilt."
After she launched Greenwood, her own restaurant (first in Cleveland Park, now in Chevy Chase, D.C.), she got a call one Friday. "Dylan had broken his leg sledding. I dropped everything, took him to the hospital. He was supposed to get out Saturday night. I work Saturday nights. "I had Peter Jennings and Mstislav Rostropovich coming for dinner. So I had to leave Dylan in the hospital. It was absolutely wrenching."
Two years ago they moved together to a new house. Now she can watch him, like any teenager, "freak out on a Saturday night in the restaurant kitchen as he asks, 'Why can't I go to the movies!' "
On weekdays Dylan makes his way to the restaurant after school to do his homework and have a snack, before taking himself home on the bus. For his mother, juggling responsibilities is tough. "The school calls me for the PTA Wednesday night at 8. I work! Once there was a music performance Dylan was singing in and I had a party here for 200. I left as soon as I could -- and it was over."
Her son's tastes in food is not especially exalted. Subway or pizza are his after-school snack. "Dylan doesn't eat the food in the restaurant," says his mother. "He doesn't like it.""
Reminds me of this Judge: https://www.youtube.com/watch?v=0VwxONufS5U
[Continued]
Here's the case being cited:
The problem is, at least on PACER, all of the links to this 1996 case of US and Epstein are dead. Must seek out paper copies.
2028GMT
Maxwell's lawyer: Jane says Epstein was living in 9 East 71st on 1994. But this case says different.
Judge Nathan: It's not coming in. And I heard, no arrest warrant for Kelly
Maxwell's lawyer: No need to arrest Kelly "Bolino" (sp)
AUSA: No government rebuttal case
Now: allocution.
Judge Nathan: Ms. Maxwell, please rise. The decision to testify or not is your decision. Do you understand?
Maxwell: Your Honor, the government had not proved its case beyond a reasonable doubt. So there is no need for me to testify.
[They will read into the record 15 minutes of stipulations. They will do a charging conference Saturday to decide on how to charge the jury. Monday, closing arguments and the charge. THEN the jury get the case, to deliberate]
Now stipulations being read into the record including...
Annie Farmer's boots were seized by the FBI on June 29, 2021.
Also, when the Lion King opened.
And Dominique Hyppotite would testify that the Palm Beach school maintains records (Roberts)
More stipulations: "It is agreed that the birthday of Mike Wallace is May 9, 2018." (Jane cited 80th birthday party)
Now London addresses and dates.
[Note: Judge Nathan indicated when this is done, she'll tell jurors to come in Monday 9 am, to 5:30 or 6. (1400GMT to 2230GMT or 2300GMT)]
US says its closing will be 2-3 hours, rebuttal 45 minutes. Maxwell's closing will not be longer, they say. Then charge.
Judge Nathan: I'll given them a shortened lunch break too, to get it all in on Monday. Then deliberation Tuesday, Wednesday & more if necessary.
Maxwell's lawyer: At this time the defense rests.
AUSA: The US has no further case.
Judge Nathan: Jurors, you'll hear closing arguments then I'll instruct you on the law and you'll begin deliberations. Monday, I ask we start 9 am (1400GMT). And it's possible he'll go to 6 (2300GMT).
2100GMT
Judge Nathan: Continue following my instructions. No communications with each other or anyone else about the case. Keep an open mind until summations and my instructions. Be cautious out there. I want to see everyone back here Monday at 9 (1400GMT).
All rise!
Court adjourned
Q1574
They want you DIVIDED!
They call us names.
They make threats.
They censor.
They lie.
They project.
They cheat.
They steal.
They harm.
They are sick.
They are evil.
At some point the streets (for them) will not be safe.
Q
[Continued]
Now the exhibit is going sealed. Everdell continues Q&A
Aznaran: At JFK, each of the five international terminals has a code and it's in this report. I ran it Dec 14
Everdell: What does airline not APIS mean?
Aznaran: APIS is Advanced Passenger Information System.
Maxwell's lawyer Everdell: So for Annie Farmer, you have records from 1997 to 2006?
Aznaran: Yes.
Everdell: And this one, for Jane - you see her date of birth, right? Can I say the year? [doxing alert]
Cross examination.
AUSA: What are the differences between CBP record before and after 9/11?
Aznaran: The further back you go, you won't get an on-board or not on-board status.
AUSA: So the ones before 9/11 were not as complete?
Aznaran: Not all the time.
2152GMT
Judge Nathan: Defense may call its next witness. It's Dominique Hyppolite.
Maxwell's lawyer: Where do you live and work?
Hyppolite: Palm Beach school district. I coordinate the processing of subpoenas and represent the district as records custodian.
Maxwell's lawyer: May I approach the witness with a document?
Judge Nathan: It's 5 pm (2200GMT). Let's end for the day.
AUSA: We could just stipulate to this.
Defense: remaining witnesses Eva, Michele & Kelly. Depending on your rulings.
Judge Nathan: Letters due at 7:30 pm (0030GMT)
Defense: We might end tomorrow, or on Monday.
Judge Nathan: Closings on Monday, then. Charge and to the jury.
Judge Nathan: This is usually the point I allocute the defendant [that is, ask if they'll testify]
Defense: Let's do that tomorrow.
Judge Nathan: So we'll do the closings and charge on Monday [meaning, deliberation on Tuesday Dec 21]
Judge Nathan: So we're done. You'll get the draft charge tomorrow.
[With defense agreeing closings Monday, seems clear Maxwell will NOT testify]
Judge Nathan: Letters due at 7:30 pm
Court adjourned
[Extra details c/o Adam Klasfeld]
Ghislaine Maxwell's defense calls its first witness: Cimberly Espinosa, who was previously reported to be Epstein's former executive assistant. She says she was hired by the J. Epstein Company.
Asked by the defense, she clarifies that was Jeffrey Epstein's company.
Q: How did you find the job with Jeffrey Epstein's company?
She says she answered a newspaper ad and interviewed with a job agency.
Espinosa: "I highly respected Ghislaine. I looked up to her very much."
Espinosa is describing the layout of the office where she worked and who worked there. Espinosa said that she had to sign an NDA when she started working there.
She says she understood it to mean "just not to repeat any of my work. My work was my work."
She said she's signed them before and didn't have any reaction to them.
Q: Did you ever book massages for Ms. Maxwell?
A: Yes.
Espinosa says these were professional massages.
Asked if she did the same for Epstein, she again answers yes. Questioning of Espinosa turns to her meeting "Jane."
Q: Do you remember or recall "Jane" in the office?
A: Yes.
Q: How old did she appear?
A: (Pause) Probably 18.
Espinosa says "Jane" went to the office a "few times," and she recalled "Jane's" mother calling the office.
Q: Do you know if Jane ever traveled on Mr. Epstein's planes?
A: I don't know.
The prosecution objects to a question about Espinosa's perception of "Jane" and Epstein's relationship.
Overruled, once the defense lays a foundation.
A: "I thought it was a loving relationship."
Espinosa said that she saw "Jane" on a soap opera, of which she was a fan. She says that "Jane" sent her signed headshots from the cast of the soap.
Maxwell's lawyer Christian Everdell hands her defense exhibits.
Q: What are they?
A: They are the headshots of three of the cast members and a group cast member shot.
Espinosa confirms the authenticity of the sealed exhibits.
Q: How do you recognize them?
A: They're mine.
Espinosa says the inscription read:
"Dearest Cimberly,
Thank you for always being so sweet and such a great help.
Take care, Jane"
Questioning turns to Epstein and Maxwell's relationship and interactions.
"I thought they were a couple," Espinosa says of the pair.
"Just their interaction together. They were a little flirty."
Asked if their relationship changed, Espinosa says Maxwell started dating other men.
"They would not show up at the office around the same time, leave together. Things like that."
The attorney asks Espinosa about Maxwell's relationship with Ted Waitt, the billionaire co-founder of Gateway.
Recess
We're back.
"All rise."
The jury is entering.
ICYMI: Ghislaine Maxwell's defense lost their request for certain witnesses to testify anonymously, just like some of the prosecution's did.
Questioning turns to Sarah Kellen, who was listed on the 2008 Epstein non-prosecution agreement as a "potential co-conspirator." (Kellen claims she was a victim.)
She's been a running theme of the defense case.
Espinosa left the job in 2002.
Q: Why did you decide to leave at that time?
A: After 9/11, I decided that it was time to get back to my roots.
That's California, she says.
Final direct examination questions:
Q: Did you ever see her engaged in any type of inappropriate activity with underaged girls?
A: Never.
Q: Did you ever see [Epstein] engaged in any type of inappropriate activity with underaged girls?
A: Never.
Asked if she ever saw anything that gave her the impression that anything like that was going on, Espinosa gave the same answer.
Short and sweet cross-examination by prosecutors, who ask whether she ever worked in any of Epstein's home, including his Palm Beach house.
She answers no.
Next witness: Raghu Sud, who works for Shopper's Travel.
He appears to be called to authenticate invoices.
Next defense witness: Elizabeth Loftus, a “false memory” expert relied upon by Harvey Weinstein, Robert Durst, O.J. Simpson and hundreds of other criminal defendants seeking to undermine the credibility of their accusers.
Loftus describes her CV. She says she received a lifetime award from the American Psychological Association, among the "dozens" of awards and honors she's received.
Loftus details what she describes as the so-called "misinformation effect."
Q: Approximately how many times have you testified in a court of law [...]?
A: I've testified in approximately 300 trials since June 3, 1975.
Loftus says she's been asked to consult with the prosecution only five or six times, only testifying once.
She says her expertise about false memory doesn't fit into the prosecution's "agenda."
Loftus: "One thing we know about memory is that it doesn't work like a recording device."
Loftus is diagramming memory for the jurors, starting with what she calls the "Acquisition" phase.
Phase 2: The Retention stage.
"After some time has passed, a person may be asked to remember the event or the events," she notes.
Phase 3: Retrieval Stage
Loftus: "The media is a source of post-event suggestion."
This is a running theme of the defense case, mentioned by Maxwell's attorney Bobbi Sternheim during opening statements.
Sternheim is questioning her now.
Loftus says she's not a practicing therapist, but she sometimes studies patients.
Loftus: "We are actually constructing our memories while we retrieve memories."
Q: Outside the laboratory, is there a way to prove that someone had an actual memory?
AUSA: Objection.
Judge: Sustained.
Sternheim asks Loftus about her research about the confidence in memory.
"People are a little more accurate when they're confident than when they're not confident."
But people can get "very confident" about "wrong answers" in cases of post-event suggestion, she testifies.
Sternheim asks about the concept of "rich false memories".
Recess
The witness returns to the stand.
"All rise."
The jury is entering.
Loftus's direct examination resumes with testimony about confidence in memory vs. accuracy.
Q: Are you familiar with the concept that confidence is malleable?
A: Yes.
Loftus:
"People can express a level of confidence and if they then get new information [...] it can artificially increase their confidence in what they are saying."
Sternheim asks Loftus about "prestige-enhancing memory distortion."
"We humans frequently remember ourselves in a better light than perhaps is accurate," she says.
Loftus testimony:
Q: You're being compensated for your time?
A: I am. I hope so.
She says she's charging $600/hour, and it doesn't depend upon the trial's outcome or the party for whom she's testifying.
Cross-examination begins:
Of those hundreds of times, you've consulted with the prosecution five or six times, right?
Yes.
The witness confirms she's testified in about 150 criminal trials, only one of which was for the prosecution.
The prosecutor notes she wrote a book titled "Witness for the Defense."
Q: You haven't written a book called "Impartial Witness," right?
(Objection)
Judge: Overruled.
A: I don't have a book by that title, no.
Q: It's fair to say that over the years that criminal defendants have paid you millions of dollars for your services.
Loftus says she doesn't know if it's millions.
AUSA notes that she's testified in high-profile cases.
Loftus agreed.
(Long pause as Judge Nathan assesses whether the question is permissible.)
After the hiatus, the AUSA moves onto a different question, and so it looks like the jury won't get an earful of some of the famous, high-profile defendants on whose behalf she's either testified or consulted.
Loftus cross-examination:
Q: You don't treat victims of traumatic events, right?
A: I don't officially treat anyone.
(She previously testified she's not a therapist.)
AUSA asks Loftus about a "Bugs Bunny" study, in which subjects mistakenly believed they saw Bugs Bunny at Disneyland.
Loftus says that the point of the study is Bugs Bunny is a Warner Bros character. The prosecutor gets Loftus to concede that those who experience trauma may forget "peripheral details" but "core memories" tend to be stronger.
Q: Have you conducted a study where you arranged for girls to be sexually abused?
A: No, absolutely not.
The prosecutor asks if she has ever conducted a study trying to implant false memories of childhood sexual abuse.
Loftus replies no.
Loftus's testimony wraps up after redirect from Sternheim seeking to counter the prosecution's implication that the witness is a "profiteer" raking in money from criminal defendants.
Current defense witness:
A CBP official asked to search for "Jane," "Kate," and Annie Farmer's border-crossing records.
Jurors are excused for afternoon recess as the attorneys discuss evidentiary issues in court.
The CBP witness is back on the stand, inspecting an exhibit.
The witness has been reciting border entry records for three of Maxwell's accusers, which appear to also have date of birth information.
It is unclear to what end the defense sought to enter this information, but they seem interested in establishing ages at particular times.
Often, the purpose of evidence like this entered into the record isn't apparent on first glance but could become significant during closing arguments.
The prosecution cross-examines the witness. Prosecutor asks the witness the difference between CBP records before and after 9/11.
Witness: "Prior to 9/11, there was a little bit of a difference between how the records were submitted to CBP systems, and the reliability of the airlines was not as good as it is now."
Next defense witness: Dominique Hyppolite, who performs subpoena responses for student records for the Palm Beach County School District.
Trial ended for the day.
The parties discuss tomorrow's proceedings when the jury leaves the room.
Asked what the defense case is looking like, Laura Menninger replies: "I think we will be done, your honor."
There may be a short witness Monday. The government is leaning against calling a rebuttal witness, but the prosecutor said she will answer the question by 8 p.m.
Closings likely will be on Monday. The extremely brisk timeline suggests that Maxwell isn't testifying in her defense, and reports have hinted to as much — but it was not explicitly confirmed in court.
[Continued Part 2]
Menninger: You said in 2019 you were unsure if you had your underwear on.
Judge Nathan: Objection overruled. I'll allow the question.
Menninger: You do not recall Jeffrey Epstein pushing an erect penis into your back, do you?
Annie Farmer: I do not recall that.
Menninger: Look at this.
Menninger: You told your mother that you were not raped or sexually abused, right?
Annie Farmer: I said I was not raped.
Menninger: So you told the Epstein Victims Compensation Fund that the hand-handing in movie theaters was sexual abuse?
Annie Farmer: I told them in detail what happened.
Menninger: But you checked the box, New York. So you think hand holding is sexual abuse
Menninger: You are represented by the Boies Schiller firm, correct?
Annie Farmer: Yes.
Menninger: Do you know how much that firm has made in connection with representing Epstein accusers?
Judge Nathan: Objection.
Menninger - and you --
Judge Nathan: Stop!
Menninger: You are on a WhatsApp group of Epstein victims, right?
Annie Farmer: Right.
Menninger: And you have emailed with Virginia Roberts, right?
Annie Farmer: I have.
Re-direct.
AUSA Pomerantz: Do you recall being asked of your FBI statements in 2006?
Annie Farmer: I do.
AUSA: Read the rest of the sentence.
Maxwell's lawyer: Objection!
Judge Nathan: Overruled.
Annie Farmer: They canceled Maria trip to NM at the last minute.
AUSA Pomerantz: You mentioned the film Primal Fear-
Annie Farmer: The movie depicts sexual misconduct
[wiki: Primal Fear is a 1996 American legal thriller film [about] a Chicago attorney who believes that his client is not guilty of murdering a Catholic archbishop]
AUSA Pomerantz: Did you need a piece of paper to remember Maxwell touching your breasts?
Maxwell's lawyer: Objection!
Annie Farmer: I do not. It was distressing. Those are things that we remember.
Annie Farmer: I believe they were trying to confuse me as to the boundaries, as to what was right and wrong, in order to sexually abuse me.
Maxwell's lawyer: Objection!
Judge Nathan: Overruled.
AUSA: No further questions.
Judge Nathan: Next witness.
2013GMT
And now before the next witness, Judge Nathan calls a break, urging counsel to confer.
The next witness is David Mulligan, now a baker, Annie Farmer's boyfriend in high school.
AUSA: Did Annie tell you how how the trip to Thailand was paid for?
Mulligan: Yes. Jeffrey Epstein.
AUSA: What did Annie tell you about being in New York?
Mulligan: That Epstein touched her leg in the theater and that she didn't want to say anything because Epstein was helping her sister Maria's artistic career.
AUSA: Did Annie tell you Maxwell touched her on the breasts during the massage?
Mulligan: Yes.
AUSA: Did Annie tell you what she didn't speak up?
Mulligan: She was afraid of jeopardizing her sister Maria's opportunities with Epstein.
Now cross examination by Maxwell's Bobbi Sternheim.
Sternheim: You've seen things in the media about this?
Mulligan: I'm not much of a news watcher.
Sternheim: You know she made $1.5 million?
Mulligan: I do not.
Sternheim: Annie Farmer attended your recent wedding, correct?
Mulligan: Yes.
Sternheim: No further questions.
Redirect.
AUSA: Why do you remember what Annie Farmer told you about New Mexico?
Mulligan: These were big moments, that we discussed while being physically affectionate with each other.
AUSA: No further questions.
2055GMT
Judge Nathan: Next witness.
Next witness is the mother of Annie Farmer, Janice Swain.
AUSA: How old are you:
Swain: 71.
AUSA: When did you speak with Jeffrey Epstein?
Swain: When he wanted to take Maria on his plane to Florida on a work trip.
Swain: Then Epstein told me about a meeting of students at his ranch in New Mexico, to talk about college plans. I asked who would be chaperoning? He said his wife Ghislaine would be.
Swain: Annie returned with a pair of black boots. She said Jeffrey Epstein bought them for her. She seemed very tired. Later I asked what happened in New Mexico.
AUSA: What did she say?
Annie Farmer: That she didn't want to talk about it.
AUSA: No further questions
Maxwell's lawyer Menninger: You don't know if Maxwell was aware whether Maria would travel to New Mexico, do you? And when Annie was in Thailand you were in Germany, correct?
Swain: Yes.
Menninger: No further questions.
AUSA: The government rests.
2115GMT
Jury exits
Maxwell's laywer Everdell: Defense moves for acquittal.
Judge Nathan: As to all counts?
Everdell: Yes. Counts depend on the testimony of Jane. There is no evidence that anyone persuaded or induced Jane to come to NY.
Everdell: There is flying BACK to Palm Beach - that is not enticing to New York. Accompanying is not encouraging. All Ghislaine did was paperwork.
AUSA Rohrbach: The court should deny the motion. Jane was not in NY by accident. There was no non-sexualized reason. Jane said the defendant talked about sex with her - the enticement statute applies.
Judge Nathan: Motions are denied. What do we need to discuss before Thursday?
Team Maxwell: We want our witnesses anonymous too.
Judge Nathan: It should have been raised earlier. The earliest decision I can give you is Wednesday evening. And charging conference on Saturday, Dec 18. Judge Nathan: So defense case 16th and 17th --
Maxwell's lawyer: Into the 20th.
Judge Nathan: So closing arguments on the 21st.
Maxwell's lawyer Sternheim: We don't want the jury to rush to decide before Christmas holiday.
Judge Nathan: We'll see where we are.
Sternheim: US has already said there will be a rebuttal case. We don't want the jury to rush.
AUSA: It'd only be a rebuttal expert. We'll be ready to close day after evidence.
2152GMT
Court Adjourned
[Extra details c/o Adam Klasfeld]
After a false start yesterday, we are expected again to hear from the only accusing witness against Ghislaine Maxwell testifying under her real name: Annie Farmer.
Pre-trial discussions today have not yet addressed the attorney's illness yesterday.
"All rise." The jury is entering.
Mow Judge Nathan reports the update to the jury on yesterday's attorney illness. "I'm very pleased to report that all of the attorneys are here. Everyone is doing well."
The prosecution reads a stipulation into the record attesting to the authenticity of certain exhibits. First witness of the day: William Brown, who works at the DMV's division of field investigations.
Next witness:
AUSA: "The government calls Annie Farmer."
Judge Nathan: "Annie Farmer may come forward."
The witness states and spells her name.
The judge gives a limiting instruction to the jury, saying that her allegations about "physical contact" between Ghislaine Maxwell and Jeffrey Epstein in New Mexico were not illegal. She was 16 at the time there.
Prosecutor: “Can you see anyone in this courtroom who has ever given you a massage?”
Farmer identifies Maxwell in the courtroom. Asked about her career, Farmer replies. Describing her family's financial situation growing up, she says: "Money was tight. It had often been a stressor since my parents were divorced." She describes her siblings, including Maria Farmer.
Annie Farmer says Jeffrey Epstein purchased a ticket for her to go to New York. She says that she was excited to see her sister, and as she moves onto Epstein, defense makes a hearsay objection. Sustained.
Annie Farmer says she met Epstein in New York but not Maxwell. The government introduces a photograph of herself from around the time she met Jeffrey Epstein. She says she was 16 years old in the photograph.
Q: Where did you meet Epstein?
A: At his home.
"It was a very grand home. I was staying with my sister in her apartment."
Asked how she felt meeting Epstein, Annie Farmer replied: “I was excited. He was again very friendly with me. He seemed down to earth[…] He seemed very nice when I met him.” She says she was excited that Epstein said he could help her.
She says Epstein took her to "Phantom of the Opera" and then a movie, where she sat next to Epstein. He first "caressed" her hand and then her leg.
Annie Farmer: “I felt sick to my stomach. It wasn’t something that I was at all expecting.”
Annie Farmer reads from her diary: "The best night was when Maria and I saw 'The Phantom of the Night.'" Her review at the timing: "I bawled. It was fantastic."
She reads from another entry from the journal on Jan. 25, 1996. “A couple of quick details about New York that I didn't mention earlier."
The journal entry goes into what happened at the movie theater. "It was a little weird. One of those things that was hard to explain."
At one point, she wrote: "Then he sort of caressed, rubbed my arm, shoe and foot."
The journal entry stated that it "weirded me out" that Epstein let go of her hand when he spoke to her sister, Maria. But she wrote about not wanting to bring it up: "She worships him [Epstein] and it would just create problems."
She wrote that she knew it sounded like she was "trying to justify him doing something weird, but it isn't."
Reflecting on what she wrote now, Annie Farmer said: "I was trying to come up with excuses or justification to make it try to feel okay."
Annie Farmer's testimony turns to New Mexico. Asked how she got to New Mexico, Annie Farmer says: "I flew commercially."
She says it was in the spring of 1996. "I believe it was April," she said.
Annie Farmer describes her first meeting with Maxwell:
"She was a trim, attractive woman. Well dressed." Dark hair.
Q: What did Ms. Maxwell sound like?
A: She had a British accent.
She was also "well spoken" and "articulate," Farmer said.
Annie Farmer said the presence of Maxwell made her feel comfortable, given what happened in the movie theater.
Annie Farmer's impression of Ghislaine Maxwell and Jeffrey Epstein:
"I thought that they were romantic partners." She says that they appeared "intimate" with each other.
She describes being bought cowboy boots on the ranch.
Q: Who bought the boots for you?
She answers Epstein.
Q: Who was present with you when the boots were being purchased?
She answers Maxwell.
Annie Farmer says that she went to the movies with Jeffrey Epstein and Ghislaine Maxwell. She says she didn't want to go because of her last experience at the movies but she says she thought it would be different this time because Maxwell was there.
They saw the movie "Primal Fear," she says.
"He right away tried to hold my hand and caress and hold my foot and my arm," Annie Farmer says, referring to Epstein.
Annie Farmer says Ghislaine Maxwell "sat and held one of [Epstein's] feet" and instructed her to massage the other.
"I just watched what she was doing and she instructed me."
"And so I did what she told me."
"I felt very uncomfortable," Annie Farmer says of the massage. "I wanted to stop, and I was hoping it’d be over quickly."
Q: Did Maxwell give you a massage?
A: Yes, she did.
Annie Farmer says she set up a table in the room where she was staying.
Q: What were you wearing during the massage?
A: Nothing.
Asked why, she responds: "She told me to get undressed." Asked to clarify who, Farmer says Maxwell.
Q: What happened once you were laying on your back?
Annie Farmer says Maxwell "pulled the sheet down," "exposed her breasts," and touched her breasts. Annie Farmer recalled having a "sense" that Epstein might be able to see her during the massage.
She recalled Epstein coming into the room and saying that he wanted to cuddle.
Q: Did you want to cuddle with Epstein?
A: No.
Annie Farmer describes moving home to Phoenix. Asked if she wrote in her journal about her trip to New Mexico, Annie Farmer says no. She says she didn't want to think about it.
Asked why she kept the boots, Annie Farmer says at first she shoved them in the back of her closet. Agents then asked if she had them, she says yes. Then, she says she found them and she wore the boots.
Asked what she told her mother after the trip, Annie Farmer said: "I told my mom I was not raped and I didn't want to talk about it." Late summer of 1996.
Q: Did you tell the FBI that Maxwell had given you a massage?
A: Yes.
Asked why Annie Farmer said she wanted to "reclaim" the boots by wearing them again, she says: "It was a dark memory and I had felt so taken advantage of by them both."
Annie Farmer said she struggled to step forward because it was a "shameful" memory but she found that she wanted "accountability" and "these people being stopped."
Asked if she has any financial stake in the outcome of this trial, the witness replies: "I do not."
Cross examination will begin.
Recess
Maxwell's attorney Laura Menninger establishes that there was no sexual activity in Epstein's New York home alleged.
Q: No one showed you any vibrators, massagers or anything like that in that home?
A: No.
Also, Maxwell wasn't present. (Note: The allegations are about the New York movie theater and the New Mexico ranch and movie theater.)
Menninger questions Annie Farmer about her journal entries:
Q: You called the "Phantom of the Opera" the best night of your trip?
A: Yes.
Menninger asks whether the journal entries helped her remember details and emotions that she may have otherwise forgotten. Annie Farmer generally agrees.
Menninger points out that Farmer's journal entry described Epstein's actions in the New York movie theater as "weird" and also "not weird." Asked how she feels about it now, she says: "I still find it weird."
Q: Your memories today are colored by hindsight, right?
A: Of course.
Q: Without a journal entry from the New Mexico trip, we can't confirm who invited you there with a piece of paper?
A: With a piece of paper, no.
Menninger says that without a journal there's no piece of paper confirming what happened in New Mexico and how she felt about it. Farmer agrees, as qualifying it with a "piece of paper" confirmation.
Menninger says that Farmer recalled the date of the trip by researching when the film "Primal Fear" came out and working backwards.
Farmer: "I don't think I would say it that way."
Recess
[Service advisory: I will be in court for the afternoon session and so will not be tweeting then. But I will continue to cover the case, as will dozens of reporters from around the world. Back soon.]
Out of court after proceedings adjourn. The government rests.
The defense’s motion for a judgment of acquittal on all counts is DENIED.
Defense case begins next week on Thursday.
Court is in recess Monday through Wednesday
[Extra details c/o Adam Klasfeld]
As the government's case draws toward its conclusion, we are expected to hear from the last accusing witness against Ghislaine Maxwell—and the only one to testify under her real, full name: Annie Farmer.
"All rise."
The jury is entering.
First witness of the day: Tracy Chapell, a senior paralegal at FedEx. The witness is shown an invoice, a redacted form of which will be made public. (The purpose of this witness is to authenticate invoices associated with the account of Jeffrey Epstein, all from the last few months of 2002.)
The witness is now being cross examined, and Maxwell's lawyer highlights one listing the name "S. Kellen," part of a clear defense strategy to distance their client and draw Kellen closer.
Note: Often, these establishing pieces of evidence pass by with little notice—before the prosecutors and defense attorneys put the pieces together in summations. Prosecutors want the parties to confer with the judge in the robing room.
Instead, Judge Nathan sends the jury out for a brief break. Now, both are happening.
The jury has been sent out, and the parties confer with the judge in the robing room.
Side note: The Ghislaine Maxwell trial has been getting wall-to-wall coverage from news organizations globally, and no one who actually has been here covering the case on the ground can honestly claim otherwise.
"All rise."
The jury is entering.
Judge Nathan tells the jury: "I've been informed that there's an attorney in the case who is ill."
She said they have no reason to believe it's COVID related.
But they're breaking for the day.
Court Adjourned
She was found guilty on 5 counts out of 6