Skip to content
Federal Criminal TrialtranscripttranscriptTracy Chapell — Direct/Cross - Day 9 - Federal Criminal TrialTracy Chapell authenticated FedEx invoices from Jeffrey E. Epstein's account, and the court admitted government and defense records before adjourning because an attorney was ill.
Maurene ComeyAlison MoeAndrew RohrbachChristian R. EverdellLaura A. MenningerAlison J. NathanTracy ChapellMr. RohrbachTracy ChapellJudge NathanMr. EverdellMs. MoeMs. ComeyMs. Menningerdirectcross
Federal Criminal Trial/Day 9/December 9, 2021
2 pages·1 witness·556 lines
Tracy Chapell authenticated FedEx invoices from Jeffrey E. Epstein's account, and the court admitted government and defense records before adjourning because an attorney was ill.
Proceedings
DirectTracy Chapell — DirectLine 23
CrossTracy Chapell — CrossLine 20

DIRECT EXAMINATION BY MR. ROHRBACH:

MR. ROHRBACH: Good morning, Ms. Chapell.

TRACY CHAPELL: Good morning.

MR. ROHRBACH: Ms. Chapell, where do you work?

TRACY CHAPELL: Federal Express Corporation.

MR. ROHRBACH: How long have you worked there?

TRACY CHAPELL: One year.

MR. ROHRBACH: What's your position at Federal Express?

TRACY CHAPELL: Senior paralegal.

JUDGE NATHAN: Mr. Rohrbach, could you pull the mic up a little please. Thank you.

MR. ROHRBACH: Of course. I apologize, your Honor.

JUDGE NATHAN: Thank you.

MR. ROHRBACH: And what are your duties and responsibilities as a senior paralegal at FedEx?

TRACY CHAPELL: To respond to subpoenas and produce the records of Federal Express.

MR. ROHRBACH: And as part of your job, are you familiar with Federal Express's recordkeeping practices?

MR. ROHRBACH: In particular, are you familiar with the business practices regarding billing invoices?

MR. ROHRBACH: How are billing invoices generated?

TRACY CHAPELL: They are generated through the scanning events and then populated through the revenue service department.

MR. ROHRBACH: Can you explain what you mean by scanning events?

TRACY CHAPELL: Well, each movement of the package is scanned so it can be tracked through the system as to where the package is. Once it meets the final delivery spot, then that final scan will generate an invoice.

MR. ROHRBACH: What sort of information is contained in an invoice?

TRACY CHAPELL: The account number, the invoice number, the invoice date, the account holder information, and the amount of the shipment.

MR. ROHRBACH: Does FedEx keep billing invoices in the ordinary course of business?

MR. ROHRBACH: And is making invoices a regular practice of FedEx?

MR. ROHRBACH: Ms. Chapell, in the binder next to you, would you please look at what's been marked for identification as Government Exhibit 801. Do you recognize this?

MR. ROHRBACH: What is it?

TRACY CHAPELL: It's a invoice on Jeffrey E. Epstein's account.

MR. ROHRBACH: Have you reviewed this before today?

MR. ROHRBACH: Is it a fair and accurate copy of an invoice held by FedEx?

MR. ROHRBACH: Your Honor, the government offers Government Exhibit 801 under seal to protect third-party and pseudonym-protected witnesses, and Government Exhibit 801-R not under seal.

MR. EVERDELL: No objection.

JUDGE NATHAN: All right. GX-801 is admitted under seal for the reason indicated. And 801-R is admitted as a public exhibit. (Government's Exhibits 801, 801-R received in evidence)

BY MR. ROHRBACH:

MR. ROHRBACH: Ms. Chapell, would you turn to Government Exhibit 802, what's been marked for identification as Government Exhibit 802 in your binder.

MR. ROHRBACH: And do you recognize this?

MR. ROHRBACH: What is it?

TRACY CHAPELL: Invoice on Jeffrey E. Epstein's account.

MR. ROHRBACH: Have you reviewed this before today?

MR. ROHRBACH: And is it a fair and accurate copy of the version held by FedEx?

MR. ROHRBACH: Your Honor, the government offers Government Exhibit 802 under seal for the same reasons, and Government Exhibit 802-R without any sealing.

MR. EVERDELL: No objection.

JUDGE NATHAN: All right. 802 is admitted under seal for the reason indicated. 802-R is admitted as a public exhibit. (Government's Exhibits 802, 802-R received in evidence)

BY MR. ROHRBACH:

MR. ROHRBACH: And finally, Ms. Chapell, would you turn to what's been marked for identification as Government Exhibit 803.

MR. ROHRBACH: Do you recognize this?

MR. ROHRBACH: And what is it?

TRACY CHAPELL: Invoice on Jeffrey E. Epstein's account.

MR. ROHRBACH: Have you reviewed it before today?

MR. ROHRBACH: And is this a fair and accurate copy of the version held by Federal Express?

MR. ROHRBACH: Your Honor, the government offers Government Exhibit 803 under seal for the same reasons, and Government Exhibit 803-R to the public.

MR. EVERDELL: No objection.

JUDGE NATHAN: GX-803 is admitted under seal; 803-R is admitted as a public exhibit. (Government's Exhibits 803, 803-R received in evidence)

MR. ROHRBACH: With your Honor's permission, may I publish the documents?

JUDGE NATHAN: Yes, you may publish the R versions.

MR. ROHRBACH: Yes. Ms. Drescher, will you please pull up Government Exhibit 801-R for everyone.

BY MR. ROHRBACH:

MR. ROHRBACH: Ms. Chapell, would you please turn to Government Exhibit 801 in your binder.

MR. ROHRBACH: And with the Court's permission, I would ask that the jury be instructed to turn to Exhibit 801 in their binders.

JUDGE NATHAN: Okay. Is it the large binder?

MR. ROHRBACH: My understanding, there's one binder.

JUDGE NATHAN: Okay. The only binder, 801 -- GX-801, please.

MR. ROHRBACH: Now that we're looking at it, Ms. Chapell, who is the account holder on this invoice?

TRACY CHAPELL: Jeffrey E. Epstein.

MR. ROHRBACH: And turning now to page 5 of the invoice and looking at the top row of the invoice.

MR. ROHRBACH: Who is the sender of this package?

TRACY CHAPELL: S. Kellen, and underneath it's Jeffrey E. Epstein.

MR. ROHRBACH: And what is the sender address?

TRACY CHAPELL: It is 457 Madison Avenue, New York, New York, 10022.

MR. ROHRBACH: And without saying any names, without saying the last name of the recipient, what is the first name of the recipient?

MR. ROHRBACH: And where is the city and state of the delivery?

TRACY CHAPELL: West Palm Beach, Florida.

MR. ROHRBACH: Thank you.

MR. ROHRBACH: And with the Court's permission, I would ask the jurors to hold their place here and turn to Government Exhibit 11 for a moment, which is in evidence.

MR. EVERDELL: No objection.

JUDGE NATHAN: All right. Please look at GX-11, and then turn back to this page.

MR. ROHRBACH: And on GX-11 we would direct the jury's attention to the date of birth.

JUDGE NATHAN: Okay. Okay. So you've looked at GX-11. And then you'll go back to GX-803.

MR. ROHRBACH: 801, your Honor.

JUDGE NATHAN: I'm sorry. 801. Apologies.

BY MR. ROHRBACH:

MR. ROHRBACH: Ms. Chapell, what is the date that this package was sent?

TRACY CHAPELL: It was picked up to be shipped on December 3rd, 2002.

MR. ROHRBACH: Keeping in mind the recipient's address, Ms. Chapell, I'd like to turn to Government Exhibit 802 and to the eighth page. And looking at the middle row, does the recipient have the same address as the recipient we were just looking at?

MR. ROHRBACH: Your Honor, if they haven't already done so, we'd ask the jury to turn to Government Exhibit 802.

JUDGE NATHAN: Okay. Please turn to GX-802.

MR. ROHRBACH: Ms. Chapell, directing your attention to the middle row on this page, who is the sender of this package?

TRACY CHAPELL: J. Epstein.

MR. ROHRBACH: And what is the address?

TRACY CHAPELL: 457 Madison Avenue, New York, New York.

MR. ROHRBACH: And would you spell the first name of the recipient here?

TRACY CHAPELL: C-A-R-D-I-N-E.

MR. ROHRBACH: And what is the city and state?

TRACY CHAPELL: West Palm Beach, Florida.

MR. ROHRBACH: On what date was this package sent?

TRACY CHAPELL: December 12th, 2002.

MR. ROHRBACH: And finally, your Honor, I would like to turn the jurors' attention to Government Exhibit 803.

JUDGE NATHAN: Okay. You may turn to 803, please.

MR. ROHRBACH: And Ms. Chapell, if you would please do the same. And turning to page 6 of this document and directing your attention to the bottom row, Ms. Chapell, who is the sender of this package?

TRACY CHAPELL: Cecilia Steen.

MR. ROHRBACH: Are there any other names listed?

TRACY CHAPELL: Yes, Jeffrey E. Epstein.

MR. ROHRBACH: What is the shipping address?

TRACY CHAPELL: 457 Madison Avenue, New York, New York.

MR. ROHRBACH: Without saying the last name, what is the first name of the recipient?

MR. ROHRBACH: What is the city and state of the recipient?

TRACY CHAPELL: West Palm Beach, Florida.

MR. ROHRBACH: What is the date of this package?

TRACY CHAPELL: October 7th, 2002.

MR. ROHRBACH: Thank you.

MR. ROHRBACH: No further questions, your Honor.

JUDGE NATHAN: Okay. Mr. Everdell.

MR. EVERDELL: Thank you, your Honor.

JUDGE NATHAN: You may put your binders down. Thank you.

MR. EVERDELL: May I inquire, your Honor?

CROSS-EXAMINATION BY MR. EVERDELL:

MR. EVERDELL: Good morning, Ms. Chapell.

TRACY CHAPELL: Good morning.

MR. EVERDELL: You just testified about a few invoices from Federal Express that were provided to you by the government; is that right?

MR. EVERDELL: And you testified that they were associated with a FedEx account of Jeffrey Epstein, right?

MR. EVERDELL: And all of those -- three of those invoices that we just looked at, Government's Exhibit 801, 802, and 803, were from the last few months of 2002; is that right?

MR. EVERDELL: And those invoices each showed shipments for roughly a few week to a month period of time, right?

MR. EVERDELL: I just want to look at a few of those invoices that we looked at. I'm going to start with Government's Exhibit 803, and I'm going to direct your attention to page 6 of 9.

MR. EVERDELL: With the Court's permission, I'll have the jurors look in the same binder at Government's 803.

JUDGE NATHAN: Yes. Members of the jury, please look at GX-803.

MR. EVERDELL: And just directing the jurors' attention to page 6 of 9.

JUDGE NATHAN: Page 6. Okay. 803, page 6.

MR. EVERDELL: Actually, I apologize. If we can just first start with page 1 just so we can orient ourselves.

BY MR. EVERDELL:

MR. EVERDELL: So, Ms. Chapell, if you look at page 1. So we're looking here on Government's Exhibit 803-R at the invoice dated October 14th, 2002, right?

MR. EVERDELL: And as you said before, this is an invoice that's associated with an account, the FedEx account of Jeffrey Epstein, right?

MR. EVERDELL: And if you look up at that top left-hand corner, you see the billing account shipping address, right?

MR. EVERDELL: And it says Jeffrey E. Epstein, 457 Madison Avenue, New York, New York, 10022, right?

MR. EVERDELL: That's the address associated with this account for billing purposes, right?

MR. EVERDELL: Now, I want you to skip to the page I mentioned before, page 6 of 9. All right. Now, I think if you look down at the last transaction on that page, that's a shipment that was sent out or was picked up for shipment on October 7th of 2002, right?

MR. EVERDELL: And do you see the information that's over on the left-hand side under the heading "Sender"?

MR. EVERDELL: That information says Cecilia Steen; is that right?

MR. EVERDELL: And it has then Jeffrey E. Epstein and the address 457 Madison Avenue, right?

MR. EVERDELL: And that is the information that is present on the FedEx slip that goes with the package, right?

MR. EVERDELL: So whatever information is filled out on the slip that gets attached to the FedEx package is what appears under "Sender," right?

MR. EVERDELL: Okay. And you see that this, the recipient here -- and I'm not asking you to say her full name, but the first name of the recipient here is Caroline; is that right?

MR. EVERDELL: And I think you mentioned the city and state, is that right, of where this was going?

MR. EVERDELL: May I confer?

(Counsel conferred)

MR. EVERDELL: You said that this was going to West Palm Beach, Florida, right?

MR. EVERDELL: Okay. And I just want to refer back to the sender though, okay. That sender says that the package was sent by Cecilia Steen; correct?

MR. EVERDELL: It goes without saying that Cecilia Steen is not Ghislaine Maxwell; correct?

MR. EVERDELL: Okay. And that is the only transaction on this invoice that the government showed you to discuss in your direct testimony, right?

MR. EVERDELL: I want to show you another transaction on this invoice. If you can go to page 7 of 9.

MR. EVERDELL: And I want to show you the transaction in the middle of the page, the middle of the three. Do you see that one?

MR. EVERDELL: That is also a shipment that was picked up for shipment the same day, October 7th of 2002, right?

MR. EVERDELL: And that is the same day as the package we just looked at that was sent by Cecilia Steen on the page before, isn't it?

MR. EVERDELL: All right. Well, looking at this one, you see the recipient there is one named Casey Wasserman, right?

MR. EVERDELL: And you see the sender information on this shipment; correct?

MR. EVERDELL: And the sender there is listed as Ghislaine Maxwell; is that right?

MR. EVERDELL: And then, of course, there's the information below, Jeffrey Epstein, 457 Madison Avenue.

MR. EVERDELL: Okay. It goes without saying that -- well, I shouldn't say "goes without saying." There is no other transaction or there is no transaction on this invoice we're looking at where someone named Ghislaine Maxwell is sending a package to anyone named Carolyn; correct?

MR. EVERDELL: Okay. Let's look at the next one. This is government's 801. And I'm doing this because I believe this goes chronologically in order, right. The one we just looked at was October, right?

MR. EVERDELL: So let's look at 801.

MR. EVERDELL: And the jurors can do the same, with the Court's permission.

MR. EVERDELL: And we'll go to the first page of 801-R. So, Ms. Chapell, do you have that?

MR. EVERDELL: So this is an invoice from December 16th of 2002, right?

MR. EVERDELL: So that's just roughly two months after the invoice we just saw?

MR. EVERDELL: And it's the same billing information, it's the same account we're looking at?

MR. EVERDELL: That's the account of Jeffrey Epstein at 457 Madison Avenue, right?

MR. EVERDELL: All right. Let's take a look at page 5. Do you have that page, Ms. Chapell?

MR. EVERDELL: All right. This is the transaction that you were shown by the government to discuss, right?

MR. EVERDELL: And this shows a shipment that was picked up for shipment, FedEx package that was picked up for shipment on December 3rd of 2002, right?

MR. EVERDELL: And here the recipient -- again, I'm just going to use first names here. The recipient is Carolyn, right?

MR. EVERDELL: That was going to West Palm Beach, Florida, as well?

MR. EVERDELL: All right. But you see over at the sender information; correct?

MR. EVERDELL: The sender is listed as S. Kellen, right?

MR. EVERDELL: Do you know who S. Kellen is?

MR. EVERDELL: Okay. Safe to say that S. Kellen is not Ghislaine Maxwell, right?

MR. EVERDELL: Okay. Now, you were shown this transaction by the government, right?

MR. EVERDELL: I want to point you to a different transaction in the same invoice.

MR. EVERDELL: If we can go to page 6, the next page.

MR. EVERDELL: And I want you to look at the bottom of that page, the last transaction.

MR. EVERDELL: That is a shipment, a FedEx package that was picked up for shipment on December 9th, 2002, right?

MR. EVERDELL: And you see that the recipient of that package is someone named Lisa Anasrons is how it's spelled?

MR. EVERDELL: And the sender of that is G. Maxwell; correct?

MR. EVERDELL: And safe to say that this is not a package going to anybody named Carolyn, right?

TRACY CHAPELL: It is not.

MR. EVERDELL: It's going to Lisa Anasrons, whoever that may be, right?

MR. EVERDELL: Okay. Let's look at another one from this invoice, page 8. I'll ask you to look at both of these transactions, if we could. These are both FedEx packages that were picked up for shipment on December 10th of 2002; correct?

MR. EVERDELL: And if we look at the first one, the recipient there is listed there as Isabel Maxwell?

MR. EVERDELL: And the sender is G. Maxwell?

MR. EVERDELL: And if you look down at the next one, the recipient there is Ron Burckle, right?

MR. EVERDELL: And again, sender of that package same day is G. Maxwell, right?

MR. EVERDELL: And in both the sender -- again, we have that information, Jeffrey Epstein, 457 Madison Avenue, right?

MR. EVERDELL: So the first package looks like it's going to Isabel Maxwell, and the second going to Ron Burckle, right?

MR. EVERDELL: Neither one of those is named Carolyn; correct?

MR. EVERDELL: And, in fact, there is no shipment or transaction reflected in this invoice where someone named Ghislaine Maxwell is sending a package to someone named Carolyn, right?

MR. EVERDELL: All right. And let's just look at the last invoice you were shown by the government, that's Government's 802.

MR. EVERDELL: If you can pull that up.

JUDGE NATHAN: Jurors may turn to 802.

MR. EVERDELL: Thank you, your Honor.

MR. EVERDELL: All right. Ms. Chapell, do you have that in front of you?

MR. EVERDELL: All right. So looking at the first page, this is the invoice dated December 23rd, 2002; correct?

MR. EVERDELL: All right. Again, same account we're looking at of Jeffrey Epstein?

MR. EVERDELL: All right. Let's flip to page 8. I want you to take a look at the middle of the three transactions there. We'll pull that up. This was the transaction that you were shown by the government on your direct, right?

MR. EVERDELL: And that is a FedEx package picked up for shipment on December 12th, 2002; correct?

MR. EVERDELL: All right. And the recipient there, I'm, again, not going to use full names, but the first name there is listed as Cardine; correct?

MR. EVERDELL: And the address is West Palm Beach, Florida, right?

MR. EVERDELL: The sender there is J. Epstein, right?

MR. EVERDELL: Safe to say that J. Epstein is not Ghislaine Maxwell, right?

MR. EVERDELL: Okay. Now, I want to show you some other transactions on that same invoice that you weren't shown by the government. And I want to stay on the same page and I want to look at the first transaction on the page. Okay. Now, I want to be careful about this. I don't want to use any names when we discuss this transaction, okay?

MR. EVERDELL: All right. That is a package that was picked up for shipment on the same day as the one we just looked at, December 12th, 2002; correct?

MR. EVERDELL: And I'm not going to name who the recipient is, but I'm going to refer to that person as "Jane," okay?

MR. EVERDELL: So the recipient there is Jane.

MR. EVERDELL: The sender is someone named J. Epstein; correct?

MR. EVERDELL: Okay. Again, that is not Ghislaine Maxwell or G. Maxwell, right?

MR. EVERDELL: Okay. Let's look at just a few others. Page 4 of the same invoice, and we'll look at the middle transaction here. All right. Now, that is a FedEx package that was picked up for shipment on December 9th of 2002, right?

MR. EVERDELL: That was just a few days before the shipments we just looked at on December 12th, right?

MR. EVERDELL: And you see the recipient here is listed as someone named Laura Casey Wasserman, right?

MR. EVERDELL: And the sender is G. Maxwell?

MR. EVERDELL: This obviously is -- the recipient is not anyone named Carolyn or Cardine, right?

MR. EVERDELL: And again, let's look at page 5, the next page. And look at the first transaction on this invoice. That is a FedEx package picked up for shipment on December 10th of 2002, right?

MR. EVERDELL: And the recipient there is someone named Danny Hillis?

MR. EVERDELL: And the sender is G. Maxwell?

MR. EVERDELL: Danny Hillis is not named Carolyn or Cardine or anything like that, right?

MR. EVERDELL: Okay. And again, on this invoice there is no transaction reflected on this invoice where someone named Ghislaine Maxwell or G. Maxwell is sending any packages to anybody named Carolyn or Cardine or anything like that?

MR. EVERDELL: You can put those down.

MR. EVERDELL: And the jurors, with the Court's permission, can do the same.

JUDGE NATHAN: Yes. Thank you.

MR. EVERDELL: Ms. Chapell, I'll just wait a moment. Before you came to testify today, you had some phone calls with the government; is that right?

MR. EVERDELL: And that was to prepare your testimony today; correct?

MR. EVERDELL: And before you spoke to them, they sent you those three invoices that we were just talking about, is that right?

MR. EVERDELL: And you looked at them to verify that they were true and accurate records that FedEx had in their system, right?

MR. EVERDELL: And those were the only invoices they sent you to verify; is that right?

MR. EVERDELL: Those three that we were looking at?

MR. EVERDELL: Okay. And I think they were so old at that point that you actually had to go back and look at archived copies to verify that they were true records, right?

MR. EVERDELL: They weren't still in your system; you had to go back to the boxes in the warehouse, right?

MR. EVERDELL: But you were able to do that?

MR. EVERDELL: Okay. Now, do you recall at any point where the defense sent you some invoices to verify?

MR. EVERDELL: And do you remember how many roughly you were sent by the defense?

TRACY CHAPELL: There were several hundred.

MR. EVERDELL: And were they from the same account or different accounts?

TRACY CHAPELL: Two different accounts.

MR. EVERDELL: Were those accounts associated with Jeffrey Epstein?

TRACY CHAPELL: Yes, they were both his.

MR. EVERDELL: And what were you asked to do with those records?

TRACY CHAPELL: Just verify the records.

MR. EVERDELL: Were you able to take those records and verify them with the records in the boxes, that they were accurate business records?

MR. EVERDELL: Okay. And these were all records for accounts that belonged to Jeffrey Epstein, right?

MR. EVERDELL: And can you explain just how you were able to verify them?

TRACY CHAPELL: I went back to the paper copies and verified the invoices one by one.

MR. EVERDELL: Your Honor, I'm going to do this in paper, if I could. May I approach?

JUDGE NATHAN: Showing the witness what's been marked as Defendant's TC-1; is that correct?

MR. EVERDELL: Correct, your Honor.

BY MR. EVERDELL:

MR. EVERDELL: All right. Ms. Chapell, do you have in front of you what's been marked for identification as Defendant's Exhibit TC-1?

MR. EVERDELL: Now, do you recognize what those are?

MR. EVERDELL: What are they?

TRACY CHAPELL: Jeffrey Epstein invoices.

MR. EVERDELL: Are those some of the records that were provided to you by the defense?

MR. EVERDELL: Are they all of the several hundred records or just a subset of those records?

TRACY CHAPELL: Just a few.

MR. EVERDELL: And how many roughly are there?

TRACY CHAPELL: In this stack?

MR. EVERDELL: And what year or years do those invoices come from?

MR. EVERDELL: And how is it that you recognize that that's what those are?

TRACY CHAPELL: Because I verified it with the originals that we produced.

MR. EVERDELL: But how do you know that it's the same invoices that you were asked to look at?

TRACY CHAPELL: I initialed at the bottom.

MR. EVERDELL: Now, were those records that you're looking at in Defense Exhibit TC-1 made at or near the time of the shipping records that are reflected in the invoice?

MR. EVERDELL: And are they based on information that was available at the time that those shipments were made?

MR. EVERDELL: And is it the regular practice of Federal Express to make invoices like this?

MR. EVERDELL: And were these invoices kept in the regular course of FedEx's business?

MR. EVERDELL: Your Honor, at this time the defense offers Defense Exhibit TC-1 under temporary seal. We have not yet had the chance to make the appropriate redactions, but we will do so as soon as we can.

MR. ROHRBACH: No objection.

JUDGE NATHAN: Thank you. Defendant's TC-1 is admitted under temporary seal until narrow redactions can be offered.

(Defendant's Exhibit TC-1 received in evidence)

MR. EVERDELL: Absolutely, your Honor. And if the jurors would like to take a look, with the Court's permission, there is a folder underneath their chairs with this exhibit.

JUDGE NATHAN: Yes, please. You can open the folder to Defendant's Exhibit TC-1.

BY MR. EVERDELL:

MR. EVERDELL: Ms. Chapell, I'm not going to go through these records with you -- and the jurors are free to review it if they like -- but I have no further questions for this witness.

MR. ROHRBACH: Nothing further, your Honor.

JUDGE NATHAN: Okay. Ms. Chapell, thank you. You are excused. You may step down.

(Witness excused)

MS. MOE: Your Honor, could I have just a moment to confer with the defense?

(Counsel conferred)

JUDGE NATHAN: Members of the jury, you may put the folder back under your seats.

MS. COMEY: Your Honor with the defense's consent, we'd ask to be heard in the robing room please.

JUDGE NATHAN: Okay. You anticipate an extended sidebar?

MS. COMEY: We just need to be in the robing room, your Honor.

JUDGE NATHAN: Okay. Why don't I send the jury back to the jury room for a break and then --

MS. MOE: Thank you, your Honor.

JUDGE NATHAN: Yes, to the regular room.

(Jury not present)

JUDGE NATHAN: All right. I'll hear you in the robing room. This is an extended discussion?

MS. MOE: I'm not sure, your Honor, but our joint preference would be to be heard in the robing room.

JUDGE NATHAN: Okay. All right.

(Pages 2020 to 2024 SEALED)

(Continued on next page)

(In open court)

JUDGE NATHAN: Bring in the jury.

MR. EVERDELL: Your Honor?

MS. MENNINGER: Our client is not here.

JUDGE NATHAN: I'm going to step off.

(Recess)

JUDGE NATHAN: We'll bring in the jury.

(Jury present)

JUDGE NATHAN: Thank you, members of the jury. I've been informed there's an attorney in the case who's ill, and that attorney needs to get care. We have no reason to believe it's COVID-related, but we do need that attorney for what was anticipated to happen today. So we need to break. My assumption is we'll resume tomorrow morning at our normal time. And I'll give you any additional information, if I have that information. But we want to make sure the attorney is taken care of. And rather than pause and delay, we're going to break for the day. So all of my instructions apply. Thank you for your time and attention. We'll see you tomorrow morning. Thank you.

(Jury not present)

JUDGE NATHAN: Counsel, is there anything we can take up now or wait until we get further word?

MS. COMEY: I don't believe there's anything we can take up now, your Honor. We will keep the Court and the defense informed.

MR. EVERDELL: Nothing from the defense, your Honor.

JUDGE NATHAN: All right. Thank you, everyone. We're adjourned till tomorrow.

MS. MOE: Thank you, your Honor.

(Adjourned to December 10, 2021 at 8:45 a.m.)

Continue to Day 10Annie Farmer Testifies as Exhibit 52 Is Limited and Rule 29 Motion Is Denied