Skip to content
Ghislaine Maxwell- Case Archive
Federal Criminal Trialtrial-daytrial-dayLara PomerantzAndrew RohrbachLaura A. MenningerBobbi C. SternheimWilliam BrownDavid James MulliganAnnie FarmerJanice Swainjury_instructionsdirectcrossredirectDay 10 - December 10, 2021Annie Farmer testified about her New Mexico trip and a massage she said Maxwell gave her, followed by testimony from her former boyfriend and mother. The government rested, and Judge Nathan denied the defense's Rule 29 motions for judgments of acquittal.
← Day 9Federal Criminal TrialDay 11 →

Day 10 - December 10, 2021

Farmer Testifies; Government Rests; Rule 29 Motions Denied

Judge Alison J. Nathan
15Proceedings
7Pages
4Witnesses
3,633Lines
8Sidebars
Day 10 of 19
Appearing:
Lara Pomerantz Andrew Rohrbach Laura A. Menninger Bobbi C. Sternheim William Brown David James Mulligan Annie Farmer Janice Swain

Annie Farmer testified about her New Mexico trip and a massage she said Maxwell gave her, followed by testimony from her former boyfriend and mother. The government rested, and Judge Nathan denied the defense's Rule 29 motions for judgments of acquittal.

Full day summary

The Court allowed the government to call New York DMV supervisor William Brown as a rebuttal witness after defense cross-examination raised the possibility that a different person named Jane appeared in flight-related records. Brown testified from sealed DMV records concerning a person with a 1985 birth year and calculated that the person would have been 11 in 1996. Judge Nathan admitted specified pages of Government Exhibit 52 under seal with a limiting instruction. Jurors were told they could not consider the contents for their truth, but only for a possible link between Maxwell and listed names and phone numbers and for the document's organization. Annie Farmer testified about her 1995 New York visit and a 1996 New Mexico trip, including a massage she said Maxwell gave her. On cross-examination, she was questioned about her journals, prior interviews, how she dated the New Mexico trip, and her $1.5 million award from the Epstein Victims Compensation Fund. Her former boyfriend, David James Mulligan, recounted what Farmer had told him about New Mexico, and her mother, Janice Swain, testified about the travel arrangements and Farmer's return from the trip. After Swain was excused, the government rested. Judge Nathan denied the defense's Rule 29 motions for judgments of acquittal. The Court also set deadlines for defense disclosures, potential anonymous-witness briefing, and exhibit-redaction issues before the defense case was to begin after the long weekend.

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 Jury Follow-Up Sidebar
2 lines

A sealed sidebar concerning jury follow-up occurred before proceedings resumed in 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.

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 Brown — Direct William Brown Andrew 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 Farmer — Direct Annie Farmer Lara Pomerantz
687 lines

Farmer testified that Maxwell touched her breasts during a New Mexico massage when she was 16, and that Epstein entered her bed for unwanted physical contact. She also discussed journal entries, prior disclosures and her compensation-fund award.

2 sidebars inside this proceeding
  1. Hearsay Limits on New Mexico QuestionsAt sidebar, counsel disputed whether questions about why the witness felt comfortable going to New Mexico could be asked without introducing hearsay.
  2. Prior Consistent Statement ObjectionCounsel disputed whether anticipated testimony about what a witness told her mother was admissible after challenges to witness credibility.
Cross
Annie Farmer — Cross Annie Farmer Laura A. Menninger
1790 lines

Defense counsel tested Annie Farmer's memory with journals, prior interview notes, and compensation-fund records; Farmer confirmed that her New Mexico trip date was reconstructed using later reference points.

2 sidebars inside this proceeding
  1. Challenge to Witness MemoryAt sidebar, counsel disputed whether a witness’s recollection of a later FBI interview could be used to challenge her memory of events from 1996.
  2. 2006 Prosecution Preference QuestionAt sidebar, the parties disputed whether the witness could be questioned about her 2006 desire for Epstein to be prosecuted and the relevance of that issue.
Redirect
Annie Farmer — Redirect Annie Farmer Lara Pomerantz
224 lines

Farmer addressed her 2006 FBI account, memory, and compensation-fund claim; the Court resolved objections and explained a ruling on the scope of her testimony.

1 sidebar inside this proceeding
  1. Redirect Scope and Mulligan TestimonyThe sidebar addressed the scope of redirect concerning handholding and the planned examination of Dave Mulligan about prior inconsistent statements.

Highlights

Annie Farmer — Directtestimony highlightFarmer testified that Maxwell instructed her in giving Epstein a foot massage and later gave Farmer a massage during which Maxwell exposed and rubbed Farmer's breasts.Annie Farmer — Direct“She pulled the sheet down and exposed my breasts and started rubbing on my chest and on my -- on my upper breasts.”— Annie FarmerFarmer directly described the conduct she attributed to Maxwell during the massage.Annie Farmer — Crosstestimony highlightFarmer acknowledged that she used the release date of Primal Fear and friends' memories of prom to become confident that the New Mexico trip occurred in April 1996.

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 Mulligan — Direct David James Mulligan Lara 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 Mulligan — Cross David James Mulligan Bobbi 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 Mulligan — Redirect David James Mulligan Lara 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 Swain — Direct Janice Swain Lara 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 Swain — Cross Janice Swain Laura A. Menninger
95 lines

Swain said she had no direct contact with Maxwell and did not know what Maxwell knew about Annie's trip; after Swain was excused, the government rested.

2 sidebars inside this proceeding
  1. Limits on Epstein Impeachment QuestionsThe sidebar addressed whether the defense could ask this witness limited questions to impeach Jeffrey Epstein after co-conspirator statements were introduced.
  2. Jury Excusal Before Rule 29The court discussed excusing the jury with interim instructions before hearing a Rule 29 motion.

Highlights

Janice Swain — Directtestimony highlightSwain described Epstein's proposed New Mexico gathering as a retreat for academically gifted students and testified that he said Ghislaine would chaperone the girls; she said she trusted the offer and allowed Annie to go.

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 →