EFTA00014701Set 8
2021-11-017p1,772w
separate written opinion. In
this opinion, the Court addresses the preliminary admissibility of Bennett Gershman based on the
parties' current proffers.
I. Legal standard
Federal Rule of Evidence 702 governs ... context of
trial.
The Government moves to exclude the testimony of Bennett Gershman in its entirety. As
explained in the notice, Professor Gershman "is a leading authority on prosecutorial
misconduct ... related civil litigation." Id.
The Court will grant the Government's motion and exclude Gershman. First, his
expected testimony is irrelevant. At the November 1 pretrial conference, the Court ruled
https://www.justice.gov/epstein/files/DataSet%208/EFTA00014701.pdf
EFTA00087220Set 9
2021-11-017p1,774w
separate written opinion. In
this opinion, the Court addresses the preliminary admissibility of Bennett Gershman based on the
parties' current proffers.
I. Legal standard
Federal Rule of Evidence 702 governs ... context of
trial.
The Government moves to exclude the testimony of Bennett Gershman in its entirety. As
explained in the notice, Professor Gershman "is a leading authority on prosecutorial
misconduct ... related civil litigation." Id.
The Court will grant the Government's motion and exclude Gershman. First, his
expected testimony is irrelevant. At the November 1 pretrial conference, the Court ruled
https://www.justice.gov/epstein/files/DataSet%209/EFTA00087220.pdf
EFTA00024954Set 8
2013-02-0228p4,678w
MOTION IN LIMINE TO PRECLUDE EXPERT TESTIMONY
OF DR. RYAN HALL, BENNETT GERSHMAN, ROBERT KELSO,
GERALD LAPORTE. AND JENNIFER NASO
DAMIAN WILLIAMS
United States Attorney for the
Southern District ... Fact Testimony Is Inadmissible 15
III. THE COURT SHOULD PRECLUDE THE TESTIMONY OF BENNETT
GERSHMAN 20
IV. BEFORE THE DEFENDANT'S REMAINING WITNESSES OFFER EXPERT
TESTIMONY, THE DEFENDANT SHOULD ... containing largely a recitation of hearsay, attributing some but not all
o Another, Bennett
Gershman, is a purported expert on prosecutorial misconduct. Neither of these issues is relevant
at trial
https://www.justice.gov/epstein/files/DataSet%208/EFTA00024954.pdf
EFTA00064780Set 9
2019-04-0919p1,719w
April 9, 2019
Whenever discussing prosecutorial discretion, one must immediately turn to Professor Bennett Gershman's
Prosecutorial Misconduct, 2d Ed., Thomson Reuters. Succinctly, "[t]he prosecutor decides whether ... discretion is not entirely unbridled, the fact is that a prosecutor enjoys enormous
independence. Gershman §4.1.
Courts will not tell a prosecutor who to charge, when to charge or what ... books" but no longer practically enforceable because of
changing social mores. Gershman, §4.3. Conflicts of interest or demonstrable bad faith, corruption or
misconduct may allow a court to substitute
https://www.justice.gov/epstein/files/DataSet%209/EFTA00064780.pdf
EFTA00064766Set 9
2019-04-0814p1,620w
Prosecutorial Decision-Making
Whenever discussing prosecutorial discretion, one must immediately turn to Professor Bennett Gershman's
Prosecutorial Misconduct, 2d Ed., Thomson Reuters. Succinctly, "[t]he prosecutor decides whether ... discretion is not entirely unbridled, the fact is that a prosecutor enjoys enormous
independence. Gershman §4.1.
Courts will not tell a prosecutor who to charge, when to charge or what ... books" but no longer practically enforceable because of changing social
mores. Gershman, §4.3. Conflicts of interest or demonstrable bad faith, corruption or misconduct may allow a
court to substitute
https://www.justice.gov/epstein/files/DataSet%209/EFTA00064766.pdf
EFTA00210105Set 9
2015-01-062p300w
story was also on HLN.
Sent from my iPhone
Begin forwarded message:
From: "Gershman, Jacob"
Link to post:
http://blogs.wsj.com/law/2015/01/05/behind-epstein-suit-a-tussle-over-due-process-and-victims-rights/
u • Itt: WSJ ralow-up question
Hi, Jacob,
Thank ... will decline the opportunity to comment as the matter is ongoing.
Best regards,
From: Gershman, Jacob [mailto:Jacob.Gershmanwsj.corn]
Sent: Monday, January 05 2015 4:54 PM
Hi Marlene ... moment, I'm just quoting from government briefs outlining its position.
Thanks,
Jacob
Jacob Gershman
Reporter
The Wall Skeet Journal
1211Avenue of the Americas
New York
https://www.justice.gov/epstein/files/DataSet%209/EFTA00210105.pdf
EFTA00090186Set 9
2021-11-0114p6,544w
bases for those opinions, and
the significance of the diagnoses and opinions.
D. Bennett Gershman
Professor Gershman is a Distinguished Professor of Law at the Elisabeth Haub School ... Manhattan District Attorney's Office and the New York State Anti-
Corruption Office. Professor Gershman's extensive scholarship has had an essential role in
establishing the study of prosecutorial misconduct ... treatise, Prosecutorial Misconduct, a preeminent resource for scholars and
practitioners.
We expect Professor Gershman to provide testimony on best practices to ensure the
integrity of any prosecution, focusing on investigation
https://www.justice.gov/epstein/files/DataSet%209/EFTA00090186.pdf
EFTA00075792Set 9
2021-11-0114p6,599w
identify Ms. Maxwell as a perpetrator of any abuse.
D. Bennett Gershman
Professor Gershman is a Distinguished Professor of Law at the Elisabeth Haub School of
Law of Pace University ... Manhattan District Attorney's Office and the New York State Anti-
Corruption Office. Professor Gershman's extensive scholarship has had an essential role in
establishing the study of prosecutorial misconduct ... treatise, Prosecutorial Misconduct, a preeminent resource for scholars and
practitioners.
We expect Professor Gershman to provide testimony on best practices to ensure the
integrity of any prosecution, focusing on investigation
https://www.justice.gov/epstein/files/DataSet%209/EFTA00075792.pdf
EFTA00090129Set 9
2021-11-0115p6,546w
bases for those opinions, and
the significance of the diagnoses and opinions.
D. Bennett Gershman
Professor Gershman is a Distinguished Professor of Law at the Elisabeth Haub School ... Manhattan District Attorney's Office and the New York State Anti-
Corruption Office. Professor Gershman's extensive scholarship has had an essential role in
establishing the study of prosecutorial misconduct ... treatise, Prosecutorial Misconduct, a preeminent resource for scholars and
practitioners.
We expect Professor Gershman to provide testimony on best practices to ensure the
integrity of any prosecution, focusing on investigation
https://www.justice.gov/epstein/files/DataSet%209/EFTA00090129.pdf
EFTA00016268Set 8
2021-11-0114p6,602w
identify Ms. Maxwell as a perpetrator of any abuse.
D. Bennett Gershman
Professor Gershman is a Distinguished Professor of Law at the Elisabeth Haub School of
Law of Pace University ... Manhattan District Attorney's Office and the New York State Anti-
Corruption Office. Professor Gershman's extensive scholarship has had an essential role in
establishing the study of prosecutorial misconduct ... treatise, Prosecutorial Misconduct, a preeminent resource for scholars and
practitioners.
We expect Professor Gershman to provide testimony on best practices to ensure the
integrity of any prosecution, focusing on investigation
https://www.justice.gov/epstein/files/DataSet%208/EFTA00016268.pdf
EFTA00095830Set 9
2021-11-0114p6,667w
identify Ms. Maxwell as a perpetrator o any a use.
D. Bennett Gershman
Professor Gershman is a Distinguished Professor of Law at the Elisabeth Haub School of
Law of Pace ... Manhattan District Attorney's Office and the New York State Anti-
Corruption Office. Professor Gershman's extensive scholarship has had an essential role in
establishing the study of prosecutorial misconduct ... treatise, Prosecutorial Misconduct, a preeminent resource for scholars and
practitioners.
We expect Professor Gershman to provide testimony on best practices to ensure the
integrity of any prosecution, focusing on investigation
https://www.justice.gov/epstein/files/DataSet%209/EFTA00095830.pdf
EFTA01905394Set 10
2013-02-122p240w
Subject: Fwd: weird question
Sent from my iPhone
Begin forwarded message:
From: "Anatole Gershman"
Date: February 12, 2013, 9:25:55 AM EST
To: "'roger schank'"
Subject: RE: weird question ... jaime; Wendy Lehnert; Ray Bareiss; Ashwin Ram; Janet L. L. Kolodner
Cc: Anatole Gershman; Belong, Gerald F II; Chris Riesbeck; Larry Hunter; Elliot Soloway
Subject: weird question
my billionaire friend
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01905394.pdf
EFTA01907269Set 10
2013-02-123p580w
Roger < wrote:
Sent from my iPhone
Begin forwarded message:
From: "Anatole Gershman"
Date: February 12, 2013, 9:25:55 AM EST
To: "'roger schank"'
Subject: RE: weird question
Of course ... jaime; Wendy Lehnert; Ray Bareiss; Ashwin Ram; Janet L. L. Kolodner
Cc: Anatole Gershman; De3ong, Gerald F II; Chris Riesbeck; Larry Hunter; Elliot Soloway
Subject: weird question
my billionaire friend
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01907269.pdf
EFTA01906273Set 10
2013-02-122p355w
Roger < wrote:
Sent from my iPhonc
Begin forwarded message:
From: "Anatole Gershman" <
Date: February 12, 2
To: "'roger schank'"
Subject: RE: weird question
Of course, I'd love to participate ... jaime; Wendy Lehnert; Ray Bareiss; Ashwin Ram; Janet L. L. Kolodner
Cc: Anatole Gershman; DeJong, Gerald F II; Chris Riesbeck; Larry Hunter; Elliot Soloway
Subject: weird question
my billionaire friend
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01906273.pdf
EFTA01907494Set 10
2013-02-125p836w
Roge wrote:
Sent from my iPhone
Begin forwarded message:
From: "Anatole Gershman"
Date: February 12, 2013, 9:25:55 AM EST
To: "'roger schank"'
Subject: RE: weird question
Of course ... jaime; Wendy Lehnert; Ray Bareiss; Ashwin Ram; Janet L. L. Kolodner
Cc: Anatole Gershman; DeJong, Gerald F II; Chris Riesbeck; Larry Hunter; Elliot
Soloway
Subject: weird question
my billionaire friend
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01907494.pdf
EFTA00163736Set 9
2023-12-1123p14,532w
Daily Mail (12/10, Lepore), The Guardian (12/10, Aratani, Rushe), the Wall Street Journal (12/10,
Gershman), the HuffPost (12/10, Karanth), UPI (12/10, Jacobson), the Daily Beast (12/10, McDougall), Rolling
Stone (12/10
https://www.justice.gov/epstein/files/DataSet%209/EFTA00163736.pdf