30 H3VOGIU1 ih of a settlement amount between Ms. Giuffre and Jeffrey Epstein. 2 Accordingly, this should be completely excluded because any 3 marginal probative value this has on the claims is greatly 4 outweighed by the prejudice to Ms. Giuffre. 5 T am not up for the next one, so I'm going to take a 6 break. Thank you. 7 MR. CASSELL: Again, your Honor, I'm up to number 14 8 now, the issue of Ms. Giuffre's being a victim of domestic 9 violence. This is not relevant or minimally relevant. It's 10 Ms. Giuffre's burden, of course, to show the emotional distress 1a damages that she suffered as a result of Ms. Maxwell's 12 defamatory statement, and the jury can agree or disagree with 13 whether she's carried her burden of proof. 14 If we understand the defendant's argument correctly, 15 they say, well, this would have been a distressing event in 16 your life and, therefore, we should be free to introduce it in de front of the jury. Of course, that argument would allow, if 18 accepted, essentially any bad thing that's happened in any 19 plaintiff's life to be introduced if they seek emotional 20 distress damages because, my goodness, this event here or there 21 had some emotionally distressing effect on you. So it has 22 minimal to low probative value, and the prejudice is very 23 substantial. 24 Your Honor, obviously, has a great deal of experience 25 and are well aware of the domestic violence, blame the victim SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011333