Epstein Secrets

ruthfully at trial, or to maintain a clear recollection in the meantime." (cleaned up)). Indeed, the First Circuit in a case cited favorably both by the Second Circuit and by the Defense concluded that there was an inadequate link between borderline personality disorder and a witness's credibility. United States v

not inconsistent), and whether the Defense satisfies the other requirements of admitting extrinsic evidence of a prior inconsistent statement under Federal Rule of Evidence 613. 2 From the parties' briefing, the Court understands that the Defense would not seek to admit Dr. Hall's testimony about what Alleged Victim 4 told

omitted). Although the Nixon Court did not decide whether this four-part test applies to subpoenas served on third-parties in particular, courts in the Second Circuit have almost unanimously applied Nixon to subpoenas served on third-parties. See, e.g., United States v. Pena, No. I5-CR- 551 (AJN), 2016 WL 8735699

Similarly, documents containing prior statements of a witness that are inconsistent with that witness's testimony at trial can be admissible under Federal Rule of Evidence 613, and so can be the proper subject of a Rule 17(c) subpoena. United States v. Ferguson, No. 3:06-CR137(CFD), 2007 WL 4577303, at •3 (D. Conn. Dec. 2

ruthfully at trial, or to maintain a clear recollection in the meantime." (cleaned up)). Indeed, the First Circuit in a case cited favorably both by the Second Circuit and by the Defense concluded that there was an inadequate link between borderline personality disorder and a witness's credibility. United States v

not inconsistent), and whether the Defense satisfies the other requirements of admitting extrinsic evidence of a prior inconsistent statement under Federal Rule of Evidence 613. 2 From the parties' briefing, the Court understands that the Defense would not seek to admit Dr. Hall's testimony about what Alleged Victim 4 told