Day 11 -- Ghislaine Maxwell Trial
GHISLAINE MAXWELL TRIAL DAY 11
Today was Day 11 in the Ghislaine Maxwell trial; Maxwell is currently on trial for assisting, facilitating, and contributing to Jeffrey Epstein's sexual exploitation of multiple minor girls. Many requests for a call-in line and public access to sealed documents have been sent into the court but they have not yet been addressed at this time. We continue to see documents uploaded to CourtListener.com; motions filed by the Government or the Defense, and correspondence between the Court and the parties, but still no mention of these requests even being received.
This morning the defense began presenting their case and called their first witness, Cimberly Espinosa (pronounced Kimberly), Maxwell's personal assistant in Jeffrey Epstein’s office on Madison Avenue. Excerpts from her testimony can be found below. @InnerCityPress on Twitter noted: It's seems Ms. Espinosa was trying to position Emmy Tayler further down the food chain then her. Then again, Espinosa herself has been sued for her role. Espinosa was accused in a separate lawsuit of arranging Epstein's encounters with an underage victim. In a podcast, @InnerCityPress also mentioned: The Defense is trying to paint the picture that Epstein was charitable, that he and Maxwell didn’t date long, and they are trying to distance Maxwell from Epstein.
Ted Waitt’s name came up during Ms. Espinosa’s testimony, the man Maxwell supposedly dated after her romantic relationship with Epstein had ended. From WaittFoundation.org, “Ted Waitt is the founder and chairman of the Waitt Foundation. At 22, he co-founded Gateway 2000, Inc., where he helped pioneer the direct marketing of personal computers. Labeled a maverick by national business publications, he became a Fortune 500 CEO and member of the Forbes 400 by the time he was 30. Since his retirement from Gateway, Inc. in 2004, he has gone on to form multiple enterprises: Avalon Capital Group, Inc., The Waitt Foundation, The Waitt Institute for Violence Prevention, and The Waitt Institute. Mr. Waitt believes that the depletion of ocean resources is one of the biggest challenges of our generation. Over the past 9 years, he has dedicated the bulk of his time and resources to the cause of ocean conservation. Since that time, the Waitt Foundation (WF), a grant making organization, has invested over $70 million in various ocean conservation initiatives. Primarily focused on the creation of national parks of the sea, or Marine Protected Areas, WF is currently engaged in projects to create over 15 million square kilometers of marine protected areas in over two dozen countries around the world. The Waitt Institute is committed to helping small coastal communities develop and implement comprehensive, science-based, community-driven solutions for sustainable ocean management. The Institute is currently engaged with the governments of Antigua & Barbuda, Curaçao, Montserrat, and Tonga. Among numerous other ocean conservation endeavors, Mr. Waitt was a founding board member of Oceans 5, a highly successful collaboration of ocean funders working together to protect the oceans.” NOT mentioned is the fact that Waitt Institute is a founding member of Terra Mar, a non-profit organization dedicated to “ocean-focused environmental activism” and founded by Ghislaine Maxwell.
Next up from the Defense was Raghu Sud, Vice President of Shopper’s Travel. His testimony was brief, excerpts can be found below.
The Defense then called Elizabeth Loftus, an expert witness for the Defense who will testify on her expertise on false memories. She is a psychologist who has testified in many high-profile cases such as O.J. Simpson and Harvey Weinstein. There was not much information on her direct testimony with the Defense team, but excerpts of her cross examination can be found below. From court documents we know Loftus would be testifying on her opinions about how memories can become contaminated over time, how false memories can be created through suggestive activities, and how alleged victims can testify to false memories they believe to be true. Each of these opinions derives from Dr. Loftus’s expertise in memory science and is supported by significant research she has conducted. Also in the court documents, it is mentioned, ”The Court also observes that a significant number of federal courts have excluded her expert opinions for lack of reliability and fit.” From @AdamKlasfeld on Twitter, “The prosecutor gets Loftus to concede that those who experience trauma may forget "peripheral details" but "core memories" tend to be stronger.”
Next up for the Defense we have Michael William Aznaran from Customs & Border Protection. Excerpts from his testimony can be found below. And the last witness today was Dominique Hyppolite, employee of the Palm Beach School District. The Defense barely got into her testimony before the day ended but an excerpt of her testimony can be found below.
Following all of the witnesses, there was a brief interaction between the Judge, the Government, and the Defense team.
Judge Nathan: Letters due at 7:30 pm
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
Judge Nathan: So we're done. You'll get the draft charge tomorrow.
Judge Nathan: Letters due at 7:30 pm
In court documents filed Friday, December 10th after the Government rested their case, the Defense team submitted an alphabetical list of the 35 witnesses they planned to call beginning today. Now, the Defense is saying after their 5 witnesses called today, they expect to only have one maybe two more days of trial before they rest their case. Per @InnerCityPress, “With defense agreeing closings Monday, seems clear Maxwell will NOT testify”. Based on the interaction between the Judge and both legal teams, this trial should be ending next week and then the fate of Maxwell will be in the jury’s hands before Christmas.
TESTIMONY – CIMBERLY ESPINOSA, MAXWELL’S PERSONAL ASSISTANT IN JEFFREY’S EPSTEIN’S OFFICE ON MADISON AVENUE
(I believe Mr. Everdell is questioning this witness but we don't see a name until further on in the testimony)
Maxwell's lawyer: In October 1996, where were you living?
Espinosa: I started out on the Upper East Side.
Maxwell's lawyer: I was hired as a lawyer for Jeffrey Epstein's company.
Maxwell's lawyer: Would you recognize Ms. Maxwell today?
Espinosa: She's over there, in what appears to be a PURPLE
[Identification made]
Maxwell's lawyer: Where else did you work?
Espinosa: Sometimes at Ghislaine's residence.
Espinosa: Did did have other personal assistants come through, like Sarah Kellen and Emmy Tayler.
Maxwell's lawyer: When did you see Sarah Kellen?
Espinosa: More toward the end.
Maxwell's lawyer: Can you describe the layout of the office on Madison Avenue?
Espinosa: You get off the elevator and there are the restrooms. Jeffrey's office was in the corner. I sat to the left of his assistant. My office was Ghislaine's office. We shared it.
Maxwell's lawyer: Did you sign a non-disclosure agreement?
Espinosa: Yes.
Espinosa: Ghislaine ran the properties for Jeffrey Epstein.
Maxwell's lawyer: Where did she fall in importance?
Espinosa: She was obviously very important to me. And to Jeffrey, given his personal residences.
Espinosa: Jeffrey acquired a Paris apartment, and then an island. It was called Little St. James but got renamed, Little Saint Jeff's.
Maxwell's lawyer: Did you assist?
Espinosa: There was construction. I furnished the house, in a resort style.
Espinosa: We shipped in sand --
Maxwell's lawyer: You shipped in sand to a tropical island?
Espinosa: He wanted more sand on the beach. And palm trees. We even had a fire truck and fire men on the island.
Espinosa: Before Jeffrey would visit one of the residences, we would fly in the bread he liked. I think we did butter, too.
Maxwell's lawyer: What about Emmy Tayler?
Espinosa: She would take care of the dog, and carry Ghislaine's handbag.
Maxwell's lawyer: Did Ghislaine ever live with Jeffrey Epstein?
Espinosa: No.
Maxwell's lawyer: What about 44 Kinnerton Street in London?
Espinosa: Yes, I've been there. 3 years ago.
Maxwell's lawyer: Do you know who owned it?
Espinosa: No.
Maxwell's lawyer: Did Jeffrey Epstein receive female visitors in his office?
Espinosa: Yes.
Maxwell's lawyer: Look at this docuemnt & call the person "Jane." Do you recall seeing her in the office?
Espinosa: Yes
Maxwell's lawyer: How old did she seem?
Espinosa: 18
Maxwell's lawyer: Do you know if Jane traveled in Mr. Epstein's planes?
Espinosa: I don't know. She moved to California to be on a soap opera. It's my favorite soap opera. I have headshots she sent me.
[doxing alert]
Maxwell's lawyer: We want to introduce these headshots into the records under seal, at least temporarily. I have copies for the jurors. Can your read the envelope?
Espinosa: It's from Jane to Cimberly. It's headshots of the cast
Espinosa: Ghislaine and Epstein at that time were behaving like a couple. All flirty. It seemed like Ghislaine moved on. I know she started dating --
Assistant US Attorney: Objection! Lack of foundation.
Judge Nathan: Sustained.
Maxwell's lawyer: Who came to visit Jeffrey Epstein at the office?
Espinosa: Gwendolyn Beck.... Shelly Lewis... She was British.
Maxwell's lawyer: Moving on, when Ghislaine went to Florida, was it only Palm Beach?
Espinosa: Miami too. She had a friend there.
Maxwell's lawyer: Do you know who Ted Waitt is?
Espinosa: I learned.
Judge Nathan: We'll stop here for the mid-morning break.
Everdell: Do you know if Ms. Maxwell got married?
Espinosa starts to answer but AUSA objects.
Judge Nathan: Sustained.
Everdell: OK, when did you have a video conference with the government about this case?
Espinosa: November 2020.
Everdell: Do you know if Ms. Maxwell got married?
Espinosa starts to answer but AUSA objects.
Judge Nathan: Sustained.
Everdell: OK, when did you have a video conference with the government about this case?
Espinosa: November 2020.
Everdell: Why did you leave?
Espinosa: After 9/11 I wanted to return to California. I feel like Ghislaine was a good resource for my own career, what I learned, how to handle multiple projects at one time. It helped me get to where I am today.
Everdell: Did you ever seen Jeffrey Epstein involved with young girls?
Espinosa: No.
Everdell: No further questions.
CROSS EXAMINATION – CIMBERLY ESPINOSA
Judge Nathan: Cross.
AUSA: You never went to Palm Beach, right?
Espinosa: No. AUSA: No further questions.
TESTIMONY – RAGHU SUD, VICE PRESIDENT OF SHOPPER’S TRAVEL
Everdell: Where do you live?
Sud: East Windsor, NJ. I work at Shopper's Travel since 1988. I am Vice President.
Everdell: Was Epstein a customer?
Sud: Yes.
Everdell: Can you authenticate these travel records?
Sud: Yes.
CROSS EXAMINATION — RAGHU SUD
AUSA: These records in RS-1, they are to 2006?
Sud: Yes.
Everdell: No re-direct.
TESTIMONY – ELIZABETH LOFTUS, EXPERT WITNESS ON FALSE MEMORIES
Loftus: I have a big c.v. I have been consulted by DOJ, the CIA...
Maxwells' lawyer: Are there experiments on emotion and its impact on memory?
Loftus: I published one in 2008. We implanted entire flash events and measures responses
Loftus: I've testified in 300 trials. I've only consulted with the prosecution 5 times, and testified only one for the prosecution. My research into false memory doesn't fit into their agenda.
Loftus: Your Honor, can I used the equipment to show the jurors the three stages?
AUSA Pomerantz: No objection.
Loftus: The media is a source of post-event false memories, contamination.
Loftus: And when I was consulting for with Secret Service...
Loftus has drawn a barbell, labeled "Acquisition - Retention - Retrieval." Now she says people might remember something as a dumbbell is it's labeled so
CROSS EXAMINATION – ELIZABETH LOFTUS
AUSA: You're charging the defendant $600 an hour right now, right?
Loftus: Yes.
AUSA: You were paid for high profile defendants, right? Millions of dollars?
Loftus: I don't know how much.
AUSA: In 1975 you didn't charge $600 a hour, right?
Loftus: I did it free.
AUSA: In your book "Witness for the Defense," you wrote that you should be an advocate
Loftus: That leaves out the context --
AUSA: You don't sit in courtroom - you weren't present for testimony on this case, right?
Loftus: I was not present in the courtroom.
AUSA: You market yourself by testifying, right?
Loftus: I don't market myself at all.
AUSA: You give lists of your cases to defense attorneys, right?
Loftus: When asked.
AUSA: You testified for Harvey Weinstein, right?
Judge Nathan: Just a moment.
[When they resume, there's no more mention of Harvey Weinstein. At least not yet.]
AUSA: When you testify for high profile defendants, it brings you more business, right?
Loftus: Maybe.
AUSA: You showed fake photos of Bugs Bunny at Disney, right?
Loftus: Yes.
AUSA: Bugs Bunny is Warner Brothers, but 16% misremembered, right?
Maxwell's lawyer: I object.
Judge Nathan: You can come up.
[Sidebar] Unfortunately at this time we do not have any information on what was discussed during this sidebar – that may have to wait until we receive the full Transcript of Day 11, and even then the interaction may be sealed.
Loftus: Some falsely remembered touching Bugs Bunny's head and him saying "What's Up, doc?"
AUSA: There's a science museum experiment, right?
AUSA: And the lost in the mall study - 25% misremembered, right?
Loftus: Correct.
AUSA: I'm not going to ask you to describe a rectal enema, but it's a painful procedure, right?
Loftus: Yes.
AUSA: This memory could not easily be implanted
RE-DIRECT, ELIZABETH LOFTUS
Maxwell's lawyer: There are restrictions on what kind of studies you can do, right?
AUSA: Objection.
Judge Nathan: I'll allow it.
Loftus: We can't implant memories of sexual abuse.
TESTIMONY – MICHAEL WILLIAM AZNARAN, CUSTOMS & BORDER PATROL
Maxwell's lawyer: We need a sidebar.
Judge Nathan: Wait for the break.
Maxwell's lawyer: Where do you work?
Aznaran: Customs & Border Protection. We check incoming people.
Maxwell's letter: Look at this sealed Exhibit GX12. Call her Jane. Did you search for this? Aznaran: I did.
Maxwell's lawyer: And Kate and Annie Farmer, did you search for them?
Aznaran: Yes, I did the searches.
Maxwell's lawyer: So now we need the sidebar.
Judge Nathan: We'll get the jurors their afternoon break.
Judge Nathan: Mr. Azaran, could you step out?
AUSA: These are 15 years of records, including outside the charges time frame.
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?
CROSS EXAMINATION – MICHAEL WILLIAM AZNARAN
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.
Judge Nathan (at 4:52 pm): Defense may call its next witness.
TESTIMONY – DOMINIQUE HYPPOLITE, PALM BEACH SCHOOL DISTRICT
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. Let's end for the day.