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Federal Criminal Trialtrial-daytrial-dayAlison MoeLara PomerantzChristian R. EverdellLaura A. MenningerBobbi C. SternheimMichael William AznaranCimberly EspinosaDominique HyppoliteElizabeth LoftusRaghu SuddirectcrossredirectrecrossDay 11 - December 16, 2021Judge Nathan set limits on defense evidence and expert testimony as the defense presented witnesses on office operations, memory science, travel records, and school files.
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Day 11 - December 16, 2021

Court Defines Expert Testimony as Defense Presents Witnesses and Travel Records

Judge Alison J. Nathan
20Proceedings
6Pages
5Witnesses
2,845Lines
Day 11 of 19
Appearing:

Judge Nathan set limits on defense evidence and expert testimony as the defense presented witnesses on office operations, memory science, travel records, and school files.

Full day summary

Judge Alison J. Nathan ruled on proposed defense evidence and testimony, allowing Elizabeth Loftus to give general memory-science opinions while barring case-specific applications. The defense then presented former executive assistant Cimberly Espinosa, travel-agency vice president Raghu Sud, Loftus, and Customs and Border Protection task force officer Michael William Aznaran. Espinosa described Maxwell's estate-management role and said she never observed inappropriate activity involving underage girls during her employment. Loftus testified about factors that can affect memory, including post-event suggestion and elapsed time. Aznaran authenticated sealed TECS travel reports, while acknowledging on cross-examination that pre-9/11 airline-manifest submissions were voluntary and the records could not be treated as complete travel histories. Palm Beach School District records custodian Dominique Hyppolite began testimony before the court recessed for the evening.

1. Attorney-Witness, Kinnerton Street, Loftus, and Remote-Testimony Rulings

Before the jury entered, Judge Nathan ruled on defense witness and expert-testimony requests, considered a Kinnerton Street stipulation, and anticipated remote testimony from Alexander Hamilton after a reported positive COVID-19 test.

Procedural
Defense Attorney-Witness Ruling
15 lines

Judge Nathan barred most proposed defense attorney-witness testimony but allowed one narrow question to Robert Glassman concerning Jane's possible motive to testify.

Procedural
Kinnerton Street Evidence Hearing
82 lines

Judge Nathan proposed a stipulation on Kinnerton Street ownership timing and Ms. Maxwell's deposition testimony after arguments over its impeachment value.

Procedural
Dr. Loftus Expert Testimony Ruling
3 lines

Judge Nathan allowed Dr. Loftus's proposed testimony on suggestive activities, while restricting her to general blind-expert opinions.

Procedural
Remote Alexander Hamilton Testimony Hearing
20 lines

Judge Nathan found the defense proffer established Alexander Hamilton's unavailability and anticipated allowing his WebEx testimony.

Highlights

3. Raghu Sud — Direct/Cross

Raghu Sud identified a defense travel-agency report covering Epstein office invoice information from roughly 1999 through 2006; the court admitted it temporarily under seal pending possible narrowed redactions.

Direct
Raghu SudChristian R. Everdell
145 lines

Raghu Sud authenticated Shoppers Travel's invoice report for the Epstein file, and Judge Nathan admitted it temporarily under seal.

Cross
Raghu SudAlison Moe
25 lines

Ms. Moe established that Sud's available travel-agency records began in 1999, and he said he had no earlier records.

4. Elizabeth Loftus — Direct/Cross/Redirect and Evidentiary Hearing

Defense memory-science expert Elizabeth Loftus explained factors that can affect recall before the government cross-examined her about her work and research; the court also addressed several prior-statement issues outside the jury's presence.

Direct
Elizabeth LoftusBobbi C. Sternheim
255 lines

Elizabeth Loftus was accepted as a memory-science expert and testified that suggestion, time, and later information can affect the accuracy of recalled memories.

Procedural
Prior Inconsistent Statements Hearing
138 lines

Judge Nathan limited proposed impeachment involving Carolyn and allowed narrowly tailored Hamilton testimony about Kate.

Direct
Elizabeth LoftusBobbi C. Sternheim
57 lines

Elizabeth Loftus continued explaining how confidence, suggestion, and later information can affect memory; her CV was admitted, and the court sustained one objection.

Cross
Elizabeth LoftusLara Pomerantz
361 lines

The prosecution challenged memory expert Elizabeth Loftus on defense-side work, compensation, and research limits; Judge Nathan restricted one impeachment line but allowed general incentive questions.

Redirect
Elizabeth LoftusBobbi C. Sternheim
68 lines

Elizabeth Loftus explained ethical limits on memory experiments and said her testimony would not have differed if called by the government.

Highlights

5. Michael William Aznaran — Testimony and Travel-Records Hearing

Michael William Aznaran authenticated CBP travel reports for Jane, Kate, and Annie Farmer, and testimony addressed the records' scope and limits, particularly before 9/11.

Direct
Michael William AznaranChristian R. Everdell
170 lines

CBP officer Michael William Aznaran explained TECS travel-record searches and testified that he ran searches for Jane, Kate, and Annie Farmer from 1994 through 2010.

Procedural
Victim Travel Records Evidentiary Hearing

The parties revised a defense travel-record exhibit after the court questioned the relevance of material outside the charged period.

Direct
Michael William AznaranChristian R. Everdell
190 lines

Aznaran authenticated sealed TECS travel reports and explained their international-flight scope, data sources, and earliest listed entries for Jane, Kate, and Annie Farmer.

Cross
Michael William AznaranLara Pomerantz
58 lines

Aznaran said pre-9/11 CBP travel records may be incomplete and could not establish complete international travel histories for the people listed in MA-1.

Redirect
Michael William AznaranChristian R. Everdell
51 lines

Aznaran said specific MA-1 entries for Annie Farmer reflected immigration-site border crossings rather than airline manifest data.

Recross
Michael William AznaranLara Pomerantz
42 lines

Aznaran confirmed that 1990s CBP records were paper records but could not say whether they were logged into the system before 9/11.

Highlights

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