In the Epstein case, lawyers for Ghislaine Maxwell, found guilty on December 29 of sex trafficking, found a loophole that could help their client. They asked for a new trial on Wednesday on the grounds that one of the jurors would have influenced the rest of the jury by revealing that he himself had been the victim of sexual abuse during the deliberations.
In a court document dated Wednesday, the lawyers rely in particular on an article from Daily Mail, in which one of the jurors confides in having summoned his memories of victim during the deliberations to enlighten the rest of the jury. The defense sees it as “compelling grounds for a new trial”.
After 40 hours of deliberation spread over five days, the jury had declared Ghislaine Maxwell, 60, guilty of five of the six charges against her, including the most serious, that of sex trafficking with her former companion, the financier. Jeffrey Epstein, who died in prison in 2019. No date has yet been set for the sentencing, which is now at risk of being delayed.
Prosecutor wants an investigation
The attorneys’ request was taken seriously by the Manhattan Federal Attorney’s Office, which suggested that the court “conduct an investigation”, in particular to find out whether the juror disclosed during the jury process. that is, before the start of the hearings, having been the victim of sexual violence in the past. Information that could have led to a further examination in its selection, the defense can then argue its bias for such a case.
Judge Alison Nathan responded later Wednesday, in another written submission, that the defense request would be given due consideration, but without ruling on an inquiry. She set a date of January 19 for the defense to present its arguments, with a deadline of February 2 for the prosecution to respond.
Juror forgot
In the article from Daily Mail, the juror, a 35-year-old man, presented under his two first names Scotty David, explains that his experience has enabled him to enlighten other jurors on the fact that victims of sexual abuse do not always have a linear memory and exact of their trauma. The defense had attacked certain testimonies during the trial, noting inconsistencies in the accounts of the victims. The juror said on the other hand that he did not remember whether he had been asked if he had been the victim of sexual abuse, saying that he had “skimmed over” the questionnaire that had been submitted to him, but he assured that he would have answered honestly if the question had been put to him.