Ghislaine Maxwell’s legal team has argued in court papers that the juror who might not have disclosed prior sexual abuse during the jury selection process “violated” her right to a fair trial.
Maxwell’s attorneys have implored Alison Nathan, the judge, “to right a grievous wrong that deprived Ms Maxwell of a fundamental constitutional right – her right to be tried by a fair and impartial jury”. They are requesting a retrial.
Maxwell was convicted on 29 December of sex trafficking and related charges for facilitating the late financier Jeffrey Epstein’s sexual abuse of girls, some as young as 14. Epstein, a convicted sex offender, was arrested in July 2019 for sex trafficking underage teens; he killed himself in a Manhattan jail about one month later, while awaiting his own trial.
The controversy over Juror 50, later identified as Scotty David, stems from post-trial interviews where he publicly claimed to have suffered sexual abuse as a child. David reportedly said that he told other jurors about this abuse – and helped his cohorts see things from a victim’s perspective.
David’s comments prompted questions because potential jurors filled out questionnaires as part of the selection process – which directly asked about sexual abuse. One of the questions asked: “Have you or a friend or family member ever been the victim of sexual harassment, sexual abuse, or sexual assault?”
David reportedly claimed that he did not remember the query on abuse but that he had responded to every question honestly. After David’s interviews, prosecutors asked Nathan to investigate his comments; shortly thereafter, Maxwell’s lawyers asked for a hearing on the issue.
The new filing from Maxwell’s attorneys is part of their push to keep their detailed arguments for a new trial under seal, for the time being. Their argument for sealing itself was initially filed under wraps, but Nathan ruled on 26 January that it must be filed publicly.
Maxwell’s lawyers argued that releasing their detailed arguments before Nathan makes a decision on retrial, or before a hearing on this issue concludes, “will provide a roadmap of the defense’s examination of Juror 50 and will allow him to plan out and tailor his responses, or even potentially spoliate evidence, to paint himself and his conduct in the best light possible”.
“There is also a significant risk that the publicity that will undoubtedly surround the unsealing of the motion will influence the memories of other potential witnesses,” they said. “All of this will frustrate the truth-seeking process of any factual inquiry ordered by the court and jeopardize Ms Maxwell’s one chance to vindicate her right to a fair trial.”
They claim that Maxwell “does not seek to seal the motion indefinitely” and “seeks only a temporary sealing to protect the integrity of any fact-finding process ordered by the court”.
David’s lawyer said “no comment” when asked about the new filings.
Maxwell’s trial has once again ramped up scrutiny of Prince Andrew. The Duke of York once counted Maxwell and Epstein as associates.
Virginia Giuffre, a longtime Epstein accuser, filed suit against Andrew in Manhattan federal court. Giuffre claims that Epstein and Maxwell forced her into a sexual encounter with the royal some 20 years ago, when she was 17.
She has alleged that Andrew engaged in sexual misconduct with her on other occasions. Andrew denies wrongdoing.
The legal proceedings have proved disastrous for Andrew. Buckingham Palace remarked in a 13 January statement: “With the Queen’s approval and agreement, the Duke of York’s military affiliations and royal patronages have been returned to the Queen. The Duke of York will continue not to undertake any public duties and is defending this case as a private citizen.”
