U.S. v. Ghislaine Maxwell
Day 3 [12.1.21]
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Judge Nathan: If what the defense bring in is
impeachment [of the Witness] material, it's not a Rule 16 issue.
AUSA Rohrbach: It should have been disclosed;
it is about a collateral matter.
[Note: these are the lawyers' arguments
before the jury comes in at 9:30]
AUSA: The witness couldn't
even recognize the photo, & it wasn't impeachment of what she said on the
stand.
Judge Nathan: What is the
US' understanding of when the witness lived in the address in the [FBI] 302?
AUSA Alison Moe: At 14 she
was living in a pool house
Maxwell's lawyer: In her application to
Interlochen [music school] she listed the address that he showed her yesterday.
Maxwell's lawyer Laura Menninger: She already
said on the record that she lived in the same place after she met Epstein until
she moved to NY
Judge Nathan: Is there anything we can
discuss at [non public] sidebar, before the jury comes in?
AUSA: Some issues we can only do when they
come up.
Judge Nathan: OK, then I'm going to step down
for a few minutes.
Clerk: All rise!
Witness-1 "Jane" still under cross
examination.
Assistant US Attorney: We
have an objection to tabloid articles from the Internet being introduced as
evidence.
Judge Nathan: You have a
general Internet objection?
AUSA: No, we'll raise them
one by one.
Judge Nathan: Let's bring
out the jury.
Clerk: All rise!
Maxwell's lawyer Menninger: Did you turn 17
in your final year at Interlochen [art/music school]?
"Jane" - No, I was 16.
Menninger: Jurors, pick up the smaller binder
under your chairs and turn to J-3.
Menninger: And your application said you came
from a "long and loving family," right?
Jane: That's what it says.
Menninger: Do you recognize the document?
Jane: I do not recognize it per se. But I see
my signature.
Menninger: It's your application to
Interlochen
Menninger: When you spoke to your younger
brother, you didn't mention there was a woman, correct?
Jane: I don't think so.
Menninger: And you told a news source that
you were approached by Ghislaine, no mention of Ghislaine, correct?
Jane: I don't remember that.
Menninger: When you got to
Epstein's house with your mother - your house was in West Palm Beach, right?
Jane: No, it was in Palm
Beach –
Menninger: You didn't cross
any state lines, did you?
Jane: No I didn't. There
were only the 3 of us having tea.
Menninger: Have you ever spoken with your
sisters about your boyfriends?
Jane: I didn't have any boyfriends...
Assistant US Attorney: Can we have a brief
sidebar about this?
[Whispered sidebar]
[Sidebar finally over.]
Maxwell's lawyer Menninger: Look at the last
line in the top paragraph. You told the agents that Epstein would decide where
everyone sat –
AUSA: Objection! She should only ask, Does it
refresh your recollection.
Judge Nathan: Go ahead and ask.
Menninger: Does it refresh your recollection?
Jane: Yes.
Menninger: And there was nothing sexual in
the theater.
Jane: Right [Note: Jury may hear about New
Mexico movie theater acts later in trial]
Menninger: Yesterday, it said it was shortly
after the pool house that you had this incident with Epstein and Ghislaine,
right?
AUSA: Objection as to form.
Judge Nathan: Specify what you're talking
about.
AUSA: Objection.
Menninger: This is foundational.
Menninger: You told the government you do not
have a specific memory of your first time with Ghislaine –
AUSA: Objection!
Menninger: You have come up with the memory
in the last two years?
Jane: I don't believe I have come up with
memory, no.
Jane: It is not typed up right on this form.
Menninger: Another typo by the government.
AUSA: Objection!
Menninger: You told the government Ghislaine
never used sex toys or a vibrator on you, correct?
Jane: Correct. [Note: that's what was asked]
Menninger went on to ask Jane if Ghislaine
ever saw her perform oral sex on Epstein (no), hand job (no), intercourse (no).
Note: We're not going blow-by-blow for this portion.
Menninger: Look at 39-008 at Page 5, does
this refresh your recollection?
Jane: No.
Menninger: You said Ghislaine never saw you
perform oral sex on Epstein.
Jane: I don't recall.
Menninger: Look at the document.
Judge Nathan: Let's take a break.
Now after 11 am break
cross-examination of Victim 1 "Jane" is continuing, with Maxwell's
lawyer claiming Jane has mis-remembered.
Maxwell's lawyer Menninger: You testified
yesterday your first has sex with Epstein in his pool house in Florida. But you
told the government it was in New York.
Jane: Those are not my notes. I did not write
that down and it was not recorded.
Menninger: You told them you only remembered
one incident in NY when Ghislaine was present.
Jane: I don't recall.
Menninger: Look at 3509-003. Hasn't your
story changed?
Jane: I didn't understand the question
Menninger: You told the government you flew
to NY with Epstein & Ghislaine to see The Lion King.
Jane: I said that but I was incorrect in my
timeline. I was 14.
Menninger: You were a student of theater and
the arts at the time, correct?
AUSA: Objection as to form.
Judge Nathan called another break, saying
that Jane needed a drink of water. Now she's back on the stand.
Menninger: Let's go to your conversation in
Feb 2020, about the Lion King.
AUSA: No objection Menninger: I know Ms. Moe
would like to come and do this for me
AUSA Moe: I object to that.
Menninger: But the Lion King on Broadway
didn't start until you were 17 years old. Did the government or Mr. Glassman
suggest to you that you might have meant the Lion King movie?
AUSA: Objection!
Menninger: So you recall going to the New
Mexico range, a giant huge home, correct?
Jane: Like all the homes.
Menninger: And that Jeffrey Epstein's brother
went with you, correct?
Jane: I don't recall.
Menninger: You weren't asked to have sex with
any of Epstein's friends, were you?
Jane: No.
Menninger: Did Epstein introduce you to
people in the arts?
Jane: Not really.
Menninger: To the dean of Interlochen at a
cocktail party?
Jane: I don't recall.
Menninger: In 3509-001, you
said you met Donald Trump at Mar-a-Lago, before the pool house incident.
Jane: I don't recall.
Menninger: You said Epstein
took you in a dark green car to Mar-A-Lago to meeting Donald Trump?
AUSA: Asked and answered and
also misleading.
Menninger: You also had some recollections
about flying on the private plane with Epstein, right?
Jane: Yes.
Menninger: You said you were asked your
weight when you got on the plane, correct?
Jane: Yes
Menninger: In 2019 before Epstein was arrested
you were contacted by the government, right?
Jane: Yes.
Menninger: But you said you were not
interested in getting involved.
Jane: Right.
Menninger: Then you hired Mr Glassman, a
personal injury lawyer with ads-
AUSA: Objection.
Menninger: Did you see his ads, touting his
big verdicts?
Jane: He's a friend of a friend.
Menninger: Is this your contingent fee
agreement?
Jane: Yes.
Menninger: You've talked to your ex-boyfriend
Matt, right?
Jane: Right.
[Programming note: It seems "Matt"
will be the next witness. Judge Nathan has said there is some issue with the
jurors' delivered lunches. So this may go a while.]
Menninger: When you were 15 did you take a
trip to Italy for a singing competition?
Jane: I may have. I don't remember. I was 15.
Menninger: And at 16, you traveled for a
sibling?
Jane: Maybe.
Menninger: And you were in a beauty pageant
sponsored by Donald Trump?
Jane: Yes.
Menninger: Do you recall crying that Jeffrey
Epstein only gave you $2000 for a dress?
Jane: No.
Menninger: You were on a reality TV show with
Matt, right?
Jane: Yes.
Menninger: And there was tension and you
cried?
Jane: Reality shows are not really reality.
Menninger: You claimed you were putting a
roof over your family's head?
Jane: I don't know if I used those words.
Q: You told that to Matt.
A: They were living in my house.
Menninger: And you demanded money from
Ghislaine Maxwell?
Jane: I have a lawyer.
Menninger: And you sought money from the
Epstein Compensation Fund - look at Exhibit J-18, at 6. You were offered how
much?
Jane: $5 million.
Judge Nathan: We'll break for lunch, jurors.
I hope all of your lunches are back there now.
Now after lunch break, more cross-examination
of Victim 1 "Jane," with Maxwell's lawyer insisting Jane has mis-remembered
Menninger: So you went to a specialized
entertainment school, right?
Menninger: And since then you've played roles
like cancer patient?
Jane: Yes.
Menninger: Prostitute?
Jane: No.
Menninger: You can cry on command?
Menninger: You're accusations in this case
include that you were 14 went you were abused, right?
Jane: Yes.
Menninger: But you first told the government
you were 13, right?
Jane: I might have said 13 going on 14. It's
a small technicality.
[Note: on "prostitute," Jane said
"Not my favorite role."]
Menninger: You talk about the Lion King and
say you were 14 - but it only came out when you were 17, right? And you said
you were 15 when you met Mike Wallace, at his 80th birthday party, right?
Jane: I don't know how old I was.
Menninger: You don't know when his birthday
is? Look at J-33, does it refresh your recollection?
AUSA: Objection.
Judge Nathan: Sustained. No basis for
refreshing.
Menninger: In your civil case you got
interrogatories, do you know what those are?
Jane: No.
Menninger: So your lawyer answered for you
under your oath and you didn't know?
Jane: I don't know.
Cross examination of Jane peters out, with a
final exhibit admitted. Unclear how press and public will get it.
Now re-direct.
AUSA: Did any of us prosecutors ever tell you
what to say at this trial?
Jane: No.
AUSA: You were asked about notes of meetings
with the US. Did you speak about everything all at once?
Jane: No. It was too difficult, emotionally,
on every level.
AUSA: Then there were fewer of us in the
room. Do you know why?
Jane: To make me more comfortable.
AUSA: Why did you speak to the tabloid
reporter?
Jane: He basically blackmailed me. He said he
would publish unredacted documents.
Judge Nathan: This is not for the truth of
the matter asserted, but impact on the listener.
AUSA: Did you make an agreement with the
reporter?
Jane: Yes. I'd talk about meeting Jeffrey
Epstein, the reporter would keep my name out of it. I was working on a TV show.
AUSA: Do you know the difference between
acting on television and testifying in court?
Jane: Yes. This is real. I am seeking
closure. I have been running from this my entire life. I want to help in
whatever way I can. And maybe find some healing.
[By the end, Jane is sobbing.]
AUSA: Do you have any financial interest in
this trial?
Jane: No.
AUSA: Nothing further.
Judge Nathan: Jane, you may step down. And
we'll take a break. Jurors, your snacks are here.
Clerk: All rise!
Final segment before end of Day 3, it's
Victim Jane's ex-boyfriend "Matt," uses pseudonym.
AUSA Moe: How do you know Jane?
Matt: She's my ex-girlfriend. From 2006 to
2014.
AUSA: Did you live together?
Matt: Yes. From 2007 to 2014.
AUSA: Are you still friends?
Matt: Yes. And we work on the same TV show.
AUSA: What did Jane tell you about her home
life?
Maxwell's lawyer: Objection.
Judge Nathan: Any foundation?
Maxwell's lawyer: It's hearsay.
[Another non-public sidebar]
They return.
Judge Nathan: Ms. Moe, I'll ask you to narrow
the question.
AUSA Moe: Did Jane speak about her family
finance when she grew up?
Matt: Yes. That when her father got sick,
they went broke. The mother was working a small job. They were in the same bed.
Matt: They she told me she had a godfather.
Later she told me it was Jeffrey Epstein. I said, He helped pay your bills? She
said Yes.
AUSA: When did she tell you she met Epstein?
Maxwell's lawyer: Objection.
Judge Nathan: Ask more specific questions.
AUSA Moe: Did Jane tell you what happened
between her and Jeffrey Epstein?
Matt: Not specifically.
AUSA Moe: Did she say why he gave her money?
Matt: She just said, It was not free.
AUSA Moe: Did they tell you about a women who
was involved?
Matt: Yes.
AUSA: Did she give the woman's name?
Matt: No.
AUSA: What was her demeanor like when Jane
told you about Jeffrey Epstein?
Matt: Shame.
AUSA: What did Jane tell her
mother?
Matt: That the money was not
free. That –
AUSA: Don't say what the
mother said, just what Jane said.
Matt: Jane told her mother
that the money was not free and that it should not have been allowed.
AUSA Moe: Did you learn
Ghislaine Maxwell was arrested.
Matt: Yes. On the news. I
asked Jane, is that the woman you told me about? And she said Yes.
AUSA: No further questions.
Then Maxwell's
lawyer: No cross [!]
Next witness:
Daniel Vesselsen of Interlochen
AUSA: Where is Interlochen, Michigan.
Vesselsen: Near Traverse City.
AUSA: How do you keep fundraising records?
Vesselsen: SalesForce.
AUSA: We offer GX 744 under seal. Now GX 741.
Vesselsen: A letter to Mr. Epstein about the
scholarship lodge, how much he'd give
AUSA: What's this?
Vesselsen: The lodge formerly known as the
Jeffrey Epstein Scholarship Lodge.
[Note: It was definitely time for a name
change]
Now at 4:59 pm, cross examination starts.
Maxwell's lawyer: You don't have records for
the individual and the individual's siblings, correct?
Vesselsen: Correct.
Maxwell's lawyer: Mr. Epstein certainly was a
major donor, correct?
Vesselsen: Yes.
And with that, Vesselsen is done.
Judge Nathan: Sorry we're 2 minutes late.
Have a good night.
Clerk: All rise!
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*Thank you to Inner City Press for the coverage*
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