Skip to content
Ghislaine Maxwell- Case Archive
Federal Criminal Trialtrial-daytrial-dayLara PomerantzAndrew RohrbachLaura A. MenningerBobbi C. SternheimWilliam BrownAnnie FarmerDavid James MulliganJanice Swainjury_instructionsdirectcrossredirectDay 10 - December 10, 2021The Court limited the jury's use of selected Exhibit 52 pages as Annie Farmer testified and faced cross-examination. The government rested after testimony from David James Mulligan and Janice Swain, and Judge Nathan denied the defense Rule 29 motion.
← Day 9Federal Criminal TrialDay 11 →

Day 10 - December 10, 2021

Annie Farmer Testifies as Exhibit 52 Is Limited and Rule 29 Motion Is Denied

Judge Alison J. Nathan
17Proceedings
7Pages
4Witnesses
3,633Lines
Day 10 of 19
Appearing:
Lara Pomerantz Andrew Rohrbach Laura A. Menninger Bobbi C. Sternheim William Brown Annie Farmer David James Mulligan Janice Swain

The Court limited the jury's use of selected Exhibit 52 pages as Annie Farmer testified and faced cross-examination. The government rested after testimony from David James Mulligan and Janice Swain, and Judge Nathan denied the defense Rule 29 motion.

Full day summary

The Court allowed a DMV records custodian to testify in rebuttal and instructed jurors on the limited use of selected pages from Exhibit 52. Annie Farmer testified about her 1995 and 1996 interactions with Jeffrey Epstein and Ghislaine Maxwell, including travel to New Mexico and a massage she described; on cross-examination, defense counsel questioned her recollection, journals, compensation-fund award, and prior statements. David James Mulligan and Janice Swain then testified about what Farmer had told them and the arrangements for her travel. After the government rested, Judge Nathan denied the defense motion for judgments of acquittal and set deadlines for the defense case and related filings.

1. Exhibit 52, William Brown Rebuttal Motion, and Sealed Jury Follow-Up

The Court admitted selected pages of Government Exhibit 52 under seal with a limiting instruction and permitted DMV records custodian William Brown to testify as a rebuttal witness.

→
Procedural
Exhibit 52 Admission Conference
25 lines

Counsel disputed whether the jury should receive all of Government Exhibit 52 or only selected pages; the Court said it would review the admission record.

Procedural
William Brown Rebuttal Witness Motion
20 lines

The Court allowed William Brown to testify as a rebuttal witness over a defense objection to the late disclosure and relevance of proposed DMV evidence.

sidebar
Sealed Sidebar on Jury Follow-Up

A sealed sidebar was followed by a return to open court.

Procedural
Exhibit 52 Admission Ruling
23 lines

The Court admitted six stipulated pages of Government Exhibit 52 with a limiting instruction after clarifying that the full exhibit had not been moved into evidence.

Highlights

William Brown Rebuttal Witness MotionrulingThe Court ruled that Brown could testify as a rebuttal witness and allowed the government to call him immediately to address the defense's suggested alternative identity for Jane in flight-related records.

2. Limiting Instruction on Exhibit 52

Judge Nathan limited the jury's use of Exhibit 52, admitted related exhibits and a public stipulation, and sustained a defense objection concerning selected entries in Exhibit 52G.

→
Jury Instruction
Limiting Instruction on Exhibit 52
28 lines

Judge Nathan gave a limited-purpose instruction for Exhibit 52, admitted related exhibits under seal, and restricted counsel from highlighting selected entries for the jury.

Highlights

Limiting Instruction on Exhibit 52jury eventJudge Nathan instructed jurors that Exhibit 52 could not be used for the truth of its contents and could be considered only for a possible link between Maxwell and listed names and phone numbers, and for how the information was organized.Limiting Instruction on Exhibit 52“They were not being offered for the truth of the matters asserted therein, and you may not consider it for that purpose.”— Alison J. NathanThe court defined the central limit on the jury's use of Exhibit 52.

3. William Brown — Rebuttal Testimony

William Brown testified about New York DMV identification and recordkeeping practices after the Court admitted sealed DMV records and an image capture.

→
Direct
William BrownAndrew Rohrbach
100 lines

Brown authenticated sealed DMV records and testified that a 1985 birth year would make the record holder 11 years old in 1996.

4. Annie Farmer — Direct/Cross/Redirect

Annie Farmer continued her testimony about her New York and New Mexico visits, later disclosures, and compensation, followed by cross-examination and redirect on her recollection and prior FBI account.

→
Direct
Annie FarmerLara Pomerantz
302 lines

Annie testified about a 1995 New York trip, her interactions with Jeffrey Epstein, and journal entries describing her reaction to touching during a movie.

colloquy
Hearsay Admissibility Colloquy

The Court sustained a hearsay objection and limited questions about what the witness's mother said before the New Mexico trip.

Direct
Annie FarmerLara Pomerantz
227 lines

Annie described a 1996 New Mexico trip involving Maxwell and Epstein, including alleged touching during a movie, a foot-massage demonstration, and a massage by Maxwell.

sidebar
Sidebar on Prior Consistent Statement

Judge Nathan overruled a hearsay objection and allowed an anticipated prior consistent statement after finding that the defense opening attacked credibility.

Direct
Annie FarmerLara Pomerantz
102 lines

Annie described earlier disclosures and interviews, then testified about a $1.5 million victim-compensation-fund award and her lack of a financial stake in the verdict.

Cross
Annie FarmerLaura A. Menninger
1738 lines

Defense examined Ms. Farmer's journals, reconstructed memories, prior statements, physical evidence, and compensation-fund documents.

sidebar
Sidebar on 2006 Prosecution Question

The Court allowed a question about whether the witness wanted Epstein prosecuted in 2006, but barred questions about what she told an agent.

Cross
Annie FarmerLaura A. Menninger
11 lines

Ms. Farmer did not recall the 2006 prosecution question; after an objection was sustained, the defense ended cross-examination.

Redirect
Annie FarmerLara Pomerantz
224 lines

Annie reaffirmed parts of her 2006 FBI account and explained why she remembered the alleged massage; the Court resolved repeated defense objections during redirect.

Highlights

Annie Farmer — Direct (Resumed)testimony highlightAnnie testified that Maxwell showed her how to massage Epstein's foot and later gave Annie a massage during which Annie said Maxwell exposed and touched her breasts.Annie Farmer — Crosstestimony highlightMs. Farmer acknowledged that journals helped refresh details of the New York trip, while she had no journal entries about the New Mexico trip.

5. David James Mulligan — Direct/Cross/Redirect

David James Mulligan recounted what Annie Farmer told him about trips and her reported New Mexico account, then faced questions about his memories, media contact, and knowledge of compensation.

→
Direct
David James MulliganLara Pomerantz
180 lines

Mulligan recounted Annie Farmer's reported disclosures about trips and alleged conduct involving Jeffrey Epstein and Ghislaine Maxwell, including a New Mexico massage.

Cross
David James MulliganBobbi C. Sternheim
73 lines

Defense questioned Mulligan's long-ago recollections, contact with Annie, and media exposure; he acknowledged speaking with the New York Times to corroborate a story.

Redirect
David James MulliganLara Pomerantz
24 lines

Mulligan explained why he remembered conversations with Annie and said no one told him what to say.

6. Janice Swain — Direct/Cross

Janice Swain testified about Annie Farmer's travel and her demeanor after the New Mexico trip. Cross-examination addressed Swain's lack of contact with Ghislaine Maxwell, then the government rested.

→
Direct
Janice SwainLara Pomerantz
220 lines

Janice Swain described Epstein's calls about Annie Farmer's trips, her reasons for allowing them, and Annie's withdrawn demeanor after returning from New Mexico.

Cross
Janice SwainLaura A. Menninger
95 lines

Swain said she had no direct contact with Maxwell and did not know what Maxwell knew about Annie's trip; the Court limited Rule 806 questioning before the government rested.

Highlights

Janice Swain — Crossprocedural actionThe government rested. The Court told the jury that the defense case would begin Thursday and repeated instructions not to discuss the case or consume case-related media.

7. Rule 29 Motion for Judgment of Acquittal

Judge Nathan denied the defense's Rule 29 motion for judgments of acquittal on all counts and set next steps for disclosures, the charge conference, and pending witness and exhibit issues.

→
Procedural
Rule 29 Motion for Judgment of Acquittal
142 lines

Judge Nathan denied the Rule 29 motion, required defense disclosures, and set scheduling and briefing steps for the defense case.

Highlights

Rule 29 Motion for Judgment of AcquittalrulingDefense moved for judgments of acquittal on all counts under Rule 29, argued Counts One and Two were unsupported by sufficient evidence of enticement, and the Court denied the motions.Rule 29 Motion for Judgment of Acquittal“The motions are denied.”— Alison J. NathanJudge Nathan's ruling disposed of the defense Rule 29 motion after argument on the sufficiency of the evidence.
← Day 9Federal Criminal TrialDay 11 →