1612GMT
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. [Gateway co-founder]
Judge Nathan: We'll stop here for the mid-morning break.
Recess
1641GMT
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.
Judge Nathan: Cross.
AUSA: You never went to Palm Beach, right?
Espinosa: No.
AUSA: No further questions.
Next witness: Raghu Sud.
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? Yes.
AUSA: These records in RS-1, they are to 2006? Yes.
Everdell: No re-direct.
Next witness: Elizabeth Loftus, who testified for Harvey Weinstein. First, her credentials. This could take a while.
Loftus: I have a big CV. 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 measured 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.
1730GMT
Loftus is accepted as an expert witness in this case.
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 (bragging) - And when I was consulting for Secret Service... [Wag Q: And when was that?]
Loftus has drawn a barbell, labeled "Acquisition - Retention - Retrieval." Now she says people might remember something as a dumbbell if it's labeled so
Update: Now Loftus has drawn a box under the bar of the barbell and has written in it the word "Time."
Judge Nathan: OK, we're going to take the lunch break. Jurors, enjoy your lunch.
Jury exits
1804GMT
Judge Nathan: I'll look at your submissions while I have my lunch.
Judge Nathan: We'll try to come to resolution before the jury comes back. Mr. Hamilton, you're going to confer on that, how to make it happen.
Maxwell's lawyer: If he's up to it
Recess
1910GMT
Maxwell's lawyer want to put in "prior inconsistent statement" of survivor witness Carolyn, after they finish the paid memory decay expert Loftus.
Judge Nathan: What else?
Maxwell's lawyer: The US' rebuttal expert, I'm prepared to file something if they actually call the expert.
Judge Nathan: Hamilton?
Everdell: We reached him, he can do WebEx tomorrow.
Sternheim: Because of his condition, we haven't spoken.
Jury enters Maxwell's lawyer: Dr Loftus, are you aware of image enhancing memory distortion?
Loftus: It makes people feel better about themselves.
Maxwell's lawyer: I asked you about C.V. So I move into evidence your C.V.
AUSA: Objection.
Judge Nathan: I am allowing in Dr Loftus' C.V.
Maxwell's lawyer: What are you charging?
Loftus: $600 an hour.
Maxwell's lawyer: Media distortion includes dramatic portrayals, right?
Loftus: Oh, yes.
Cross examination.
AUSA Pomerantz: Let's talk about consulting. You've done it with defense attorneys 100s of times, right?
Loftus: Probably.
AUSA: You've only consulted with the prosecutors five times, right?
Loftus: Right.
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'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: 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
2005GMT
Lawyers return from sidebar.
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.
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.
Next witness: Michael William Aznaran.
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 lawyer: 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.
Jury exits
Judge Nathan: Mr. Azaran, could you step out?
AUSA: These are 15 years of records, including outside the charges time frame.