SDNY COURTHOUSE,
June 21 – Ghislaine
Maxwell,
charged with
six counts of
sex
trafficking
and other
charges, was on
December 29
found guilty
on five of the
six counts.
Inner City
Press, which asked
Judge Alison
J. Nathan
for a public
call-in line
and unsealing of
exhibits throughout,
live tweeted
it here.
On June
15, 2022,
Maxwell in her sentencing
memo asked for
a sentence well "below
the advisory
Sentencing
Guidelines
range of 292 -
365 months and
below the
240-month
sentence
recommended by
the Probation
Department."
At nearly
midnight on
June 22, the
US Attorney's
Office filed
its sentencing
submission
(full 55 page
version on
Patreon here),
including
"Given
the
exceptionally
serious nature
of the
defendant’s
years-long
participation
in the sexual
abuse of
minors,
consideration
of the
relevant
factors under
18 U.S.C. §
3553(a) weighs
heavily in
favor of a
sentence
within the
Guidelines
range of 360
to 660 months’
imprisonment.
Most
significantly,
the nature and
seriousness of
the offense,
the harm to
victims, the
need to
promote
respect for
the law, and
the history
and
characteristics
of the
defendant
weigh heavily
in favor of a
Guidelines
sentence....
"certain
aspects of the
defendant’s
submission
bear
addressing up
front. First,
the Court
should reject
the
defendant’s
request for a
reduced
sentence in
light of
conditions at
the
Metropolitan
Detention
Center. The
defendant’s
claims are
inaccurate—and
in fact, the
defendant has
enjoyed
remarkable
privileges as
a high-profile
inmate that
vastly exceed
the benefits
accorded to
the average
inmate.
"It
is
unsurprising
that a woman
who had led a
life of
incredible
luxury should
complain about
her life as a
prisoner, but
that fact does
not come close
to meriting
leniency at
sentencing,
much less the
extraordinary
degree of
leniency the
defendant
seeks. If
anything
stands out
from the
defendant’s
sentencing
submission, it
is her
complete
failure to
address her
offense
conduct and
her utter lack
of
remorse."
Full US
sentencing submission
on Patreon here.
Docketed
on June 21
were requests
by Sarah
Ransome
and Elizabeth
Stein to speak
at sentencing,
Judge Nathan's
order
referring them to
the prosecutors -
and Maxwell's
lawyer
opposing Ransome participating
since she was
not abused in
the right time
frame. Full
letter on Patreon here
Note
that both Maxwell
and her
Terramar were
invited into
the UN - and
that the
UN took Epstein's
money in connection
with the play
about Norway's
Ambassador Mona
Juul and Terje
Roed Larsen,
who took an
Epstein loan.
There are
letters from
relatives and
others,
including one on
staff of the NYT:
Jeffrey Roth.
He writes: "My
name is
Jeffrey Roth,
I am on the staff
of the New
York Times."
He says he
attended the
trial. Then
wrote the
letter. Full
sentencing memo and
exhibits /
letters on
Patreon here.
After
juror
"Scotty David"
gave
interviews,
social media accounts
went down,
but Inner City
Press kept
digging, first
publishing the
information here,
now below.
There is- or
was -- a day
for
questioning of
Scotty David:
March 8, so
below.
On May
3 after
5 pm unsealed
were documents
from Giuffre
v. Maxwell, some
which Inner
City PRress
tweeted here
(Rinaldo
Rizzo) and here
regarding Ghislaine
Maxwell's
Terramar
Project, on whose board UN
Secretary General
Antonio Guterres
had a representative.
(Earlier on
May 4 US
Ambassador to
the UN Linda Thomas-Greenfield
refused
questions from
Inner City Press
while
affirmatively
taking
one, chosen
by
spokesperson
Olivia
Dalton, from a
UN correspondent
who held a
fundraiser with
Ghislaine
Maxwell).
Back on
April 29,
Judge Nathan
denied the
rest of
Maxwell's
request for a new
trial:
"OPINION &
ORDER as to
Ghislaine
Maxwell... V.
Conclusion.
For the
foregoing
reasons, the
Court denies
the
Defendant's
Rule 29 motion
because the
jury's guilty
verdicts were
supported by
the witness
testimony and
documentary
evidence
presented at
trial. The
Court denies
the
Defendant's
motion based
on
constructive
amendment or
variance
because the
jury
instructions,
the
Government's
evidence at
trial, and
summation all
captured the
core of
criminality
charged in the
Indictment,
and the
Defendant was
not prejudiced
by any alleged
variance.
Further,
because the
Government
neither
intentionally
delayed its
prosecution
nor was the
Defendant
prejudiced by
any delay, the
Court also
denies the
Defendant's
motion based
on
pre-indictment
delay.
Finally, the
Court grants
the
Defendant's
motion as to
multiplicity.
The Government
concedes that
Count One is
multiplicitous
with Count
Three, and the
Court further
concludes that
Count Five is
multiplicitous
with Count
Three. Count
Five, like
Counts One and
Three, charged
the
Defendant's
participation
in the same
decade-long
unlawful
agreement with
the
Defendant's
continuous
coconspirator,
Jeffrey
Epstein, to
groom and
sexually abuse
underage
girls.
Accordingly,
the Court will
enter judgment
of conviction
on Counts
Three, Four,
and Six. The
Defendant's
sentencing
date remains
scheduled for
June 28, 2022."
On
April 1, Judge
Nathan
denied
Maxwell's
request for a
new trial
based on
Scotty David's
inaccurate
questionnaire:
"OPINION &
ORDER as to
Ghislaine
Maxwell. The
Court
concludes that
Juror 50
testified
credibly and
truthfully at
the post-trial
hearing. His
failure to
disclose his
prior sexual
abuse during
the jury
selection
process was
highly
unfortunate,
but not
deliberate.
The Court
further
concludes that
Juror 50
harbored no
bias toward
the Defendant
and could
serve as a
fair and
impartial
juror. The
requirements
for a new
trial under
McDonough are
not satisfied.
The
Defendant's
motion for a
new trial
pursuant to
Rule 33 is
therefore
DENIED. The
Court orders
the
preparation of
the
presentence
investigation
report. With
respect to
Counts 7 and
8, the Court
hereby
excludes time
under the
Speedy Trial
Act, 18 U.S.C.
§
3161(h)(7)(A),
from today's
date through
April 22,
2022. The
Court finds
that the ends
of justice
served by
granting this
exclusion from
speedy trial
computations
outweigh the
interests of
the public and
the Defendant
in a speedy
trial on these
counts because
the pending
post-trial
motions affect
the scheduling
considerations
set forth in
the
Government's
January 10,
2022 letter.
See Dkt. No.
574. The
Defendant
consents to
this
exclusion.
Dkt. No. 650.
The Court will
rule on the
Defendant's
remaining
post-verdict
motions in due
course.
Sentencing
remains
scheduled for
June 28, 2022.
This resolves
docket numbers
613, 614, 642,
650, and 651.
(Signed by
Judge Alison
J. Nathan on
4/1/2022)." Full
Order here.
Docketed
March 2, this:
"Re: United
States v.
Ghislaine
Maxwell, 20
Cr. 330 (AJN)
Dear Judge
Nathan: By
letter dated
March 1, 2022,
counsel for
Juror 50
informed the
Court that
Juror 50 will
invoke his
Fifth
Amendment
privilege
against
self-incrimination
at the hearing
scheduled for
March 8, 2022.
The Government
writes to
notify the
Court that it
is in the
process of
seeking
internal
approval to
seek an order,
pursuant to 18
U.S.C. §§ 6002
and 6003,
compelling
Juror 50’s
testimony at
the hearing.
The Government
will, subject
to internal
approval,
submit a
proposed order
to the Court
in advance of
the hearing.
Respectfully
submitted,
DAMIAN
WILLIAMS
United States
Attorney."
And on
the evening of
March 7, Williams'
office filed
an application
for immunity
for the juror,
name
redacted, along
with a letter
from Deputy
Assistant
Attorney
General
Jennifer A.H.
Hodge. Photo here,
new song here
On
March 8 with
immunity
Scotty David
was questioned.
Inner City
Press live
tweeted it here:
Scotty
David is set
to sit in the
jury box, with
a long boom
mic stretching
toward him.
But he is not
in the box as
of 10:10 am.
Even if Judge
Nathan grants
US Attorney
immunity
request, it
would only
kick in if
Scotty Davis,
as Spodek says
he will,
invokes the
5th
OK - at
10:21 am,
Scotty David
and Todd
Spodek roll
into the jury
box. Scotty is
in a sweater
with a stripe
across it;
Spodek in a
suit, quite
different than
the actor who
plays him in
Investing
Anna. All
rise!
AUSA:
Maurene Comey,
Ms. Moe. Judge
Nathan: Mr.
Spodek, on
behalf of
Juror 50.
We're here
today on
defendant's
motion for a
new trial. I
have received
proposed
questions for
both sides.
The defense
wants to do
its own
questioning. I
deny that
application.
Judge
Nathan: Does
he wish to be
referred to
Juror 50, Mr.
Spodek?
Spodek: He
does. Judge
Nathan: Is he
invoking his
Fifth
Amendment
privilege
against
self-incrimination?
Spodek: Yes,
Judge. Scotty
David: Yes,
Your Honor.
Judge
Nathan: In
accord with
the
application, I
have signed
the proposed
immunity
order. It's
use immunity.
And you need
to answer my
question
truthfully
today. You
will not be
prosecuted
even if you
have committed
a crime [Now
Scotty David
is in the
plastic
witness box.]
Judge
Nathan: I'll
not ask you
about jury
deliberations
or your
thought
process.
There's a
binder in
front of you,
Juror 50.
Court Exhibit
1 is a copy of
the
questionnaire
you filled out
on November 4,
2021.
Judge
Nathan: Do you
recognize it?
Juror 50: Yes,
Your
Honor.
Judge Nathan:
Look at
Question 48,
about sexual
assault... You
indicated
"No." Is that
accurate?
Juror 50: No,
it is not.
Judge Nathan:
What is an
accurate
answer? Juror
50. Yes. For
self.
Juror
50: I was
abused as a
child. Judge
Nathan: What
happened?
Juror 50: It
was a family
member, who is
no longer part
of the family,
and one of
their friends,
when I was 9
and 10 years
old.
Judge
Nathan:
Multiple
occasions?
Juror 50:
Multiple.
Judge Nathan:
Did you tell
anyone? Juror
50: No. Not
until I was in
high school.
My mom then
called the
police
station. But I
don't know if
anything was
filed. There
were no
charges
brought.
Juror
50: It was a
step-brother.
Judge Nathan:
Look at
Question
48(b)... Would
it impact your
ability to be
fair. What is
an accurate
answer? Juror
50: It did not
impact my
ability to be
fair and
impartial at
all.
Judge
Nathan:
Question 25
reads, victim
of a crime.
Was your "no"
accurate?
Juror 50: Now
that I think
about it, not
accurate. I
was thinking
about mugging.
I no longer
associate my
sexual abuse
with being a
victim. I
don't know
anyone who's
ever been
robbed
Judge
Nathan:
Question 49,
you or any
family member
accused of
sexual
harassment?
You checked
no. Juror 50:
That's
accurate.
Judge Nathan:
But you
accused your
step-brother.
Juror 50: I
don't consider
him a family
member. I flew
through the
questionnaire.
\
Juror
50: I never
thought I'd
get selected
for this jury.
I had to get
here early and
wait a long
time to get
into the
courthouse...
I was super
distracted. I
was sat four
feet from the
table where
people dropped
in their
questionnaires.
I just checked
OK, OK
Judge
Nathan: Now
you
acknowledge
that a
step-brother
is a relative?
Juror 50: Yes,
by law he was
a family
member. I see
that now.
Judge Nathan:
Did you hope
to be on the
jury? Juror
50: If you
gonna serve
jury duty, it
might as well
be
interesting.
Judge
Nathan: You
acknowledge it
was inaccurate
- why did you
do it? Juror
50: I didn't
see the word
"Self." They
had audio -
visual
problems. I
didn't have a
phone or a
book. I was
thinking about
a break-up
from a few
weeks prior.
Juror
50: I thought
it was asking
about family,
or a friend.
The box that
says yes for
Self, I just
missed it.
This is one of
the biggest
mistakes I've
ever made in
my life.
Judge Nathan:
Did you see
the other
questions with
the Self box?
Juror
50: Only now.
Judge Nathan:
When you did
find out about
this problem?
Juror 50: In
an article
about my
interview...
with the Daily
Mail. Judge
Nathan: Was it
intentional?
Juror 50:
Absolutely
not. Judge:
Were you
thinking you'd
personally
benefit by
being on the
jury? A: No
Juror
50: I'm the
person I am
today due to
my goals and
ambitions. But
I should have
marked Yes for
Self. Judge
Nathan: When
did you learn
what case it
was? Juror 50:
After three
hours. Judge
Nathan: How
long did it
take to fill
out? Juror 50:
Great
question.
Juror
50: I don't
know. Judge
Nathan: Why
did you rush?
Juror 50: It's
like in
school, you
want to finish
and hang out
with your
friends. Judge
Nathan: Were
you concerned
with following
my
instructions?
Juror 50:
Absolutely 50.
I didn't think
I'd be chosen.
Judge
Nathan: Your
questionnaire
seems to
follow the
instructions
throughout.
How do you
reconcile that
with your
testimony?
Juror 50:
Where it says
"If Yes," I
just flew
threw, since
I'd checked
No. I was in
the zone.
Judge
Nathan: You
said my
question was a
good question.
How long was
it? Juror 50:
I didn't see a
clock. It felt
like hours
before we saw
your video.
Judge Nathan:
So, an hour to
fill out the
questionnaire?
Juror
50: I think
that would be
accurate.
Juror
50: I don't
tell many
people about
my sexual
abuse. Judge
Nathan: You
did tell
people in
interviews.
Juror 50: This
is going back
to a
deliberation
thing... I
only used my
sexual abuse
to talk to a
reporter about
jury
deliberations.
Judge
Nathan: You
knew the
public was
interested in
this case.
Juror 50: I
didn't know
this would
happen. If I
had lied
deliberately I
wouldn't have
told anyone
about it.... I
said I could
remember
things like
the color of
the wall.
Judge
Nathan: Your
friends were
following the
news of the
case after you
indicated you
were on this
jury? Juror
50: Most
people don't
even know. I
don't want to
watch about
sexual abuse.
I saw the
victims on the
stand and I
said, I can do
that too
Judge
Nathan: So on
Nov 16 I asked
you directly
if you'd
answered the
questions
accurate and
if you could
be fair. Juror
50: I based
myself solely
on the
evidence.
Judge Nathan:
I will meet
with counsel
at sidebar.
[In the
witness box,
Scotty David
swigs water]
11:24
am - Judge
Nathan is back
from whispered
sidebar. Judge
Nathan: I
asked if you
took my
instructions
carefully and
your answer is
NO? Juror 50:
I did not.
Judge Nathan:
Why? Juror 50:
I began to
float, I began
to fly, I
don't know
what happened.
Judge
Nathan: My
oral
questions, did
you listen
carefully?
Juror 50: I
answered those
carefully.
Judge Nathan:
Why was it
different?
Juror 50: It
was weeks
later. I
wasn't
thinking about
my ex.
Judge
Nathan: What
about my
instructions
at various
points? Juror
50: It was to
follow
them.
Judge Nathan:
Why did you
think your
family and
friends
wouldn't know,
when you did
interviews?
Juror 50: I
wasn't using
my full name.
And I am not
ashamed. It's
common
Juror
50: When my
friends
commented on
my post,
texted me
about it, they
didn't even
know this
trial was
happening. So
I didn't think
it would be in
the news. I
wasn't
planning to
hide. If I was
asked if I was
abused I would
say Yes.
Judge
Nathan: You
posted on
social media
-- Juror 50:
After the
trial. Judge
Nathan: You
thanked Annie
Farmer. Juror
50: For
forwarding the
articles. I
have like two
followers. I
just randomly
saw it.
[Inner
City Press:
Judge Nathan
should ask
Scotty David
about his
"thisBearTravels"
Instagram
account, Inner
City Press
report here
]
Jury
50: I thought,
this trial
might be
interesting
and keep my
attention.
Judge
Nathan: How
did you feel?
Juror 50: I
was like, Did
I just mess
something up?
Judge Nathan:
Did you speak
about the
consequences
with any of
the reporters
you spoke to?
Juror 50: No.
Judge Nathan:
I'll briefing
speak with
counsel.
[Another
sidebar]
Judge Nathan:
And you heard
my summary of
the case,
including
Jeffrey
Epstein --
Juror 50: I
did. Judge
Nathan:
Counsel?
Assistant US
Attorney: Let
me find a
date... Letter
briefing by
Friday?
Maxwell's
counsel: I am
starting a
trial. So 2
weeks.
Judge
Nathan: No,
one week. 15
pages maximum.
Your submitted
questions have
Juror 50's
identifying
information
that must be
redacted. The
rest, docket
it. Or, we'll
handle it. The
briefing,
submit with
redactions.
Judge
Nathan: We're
adjourned.
Late on
March 2,
Maxwell's
lawyers filed:
"Ms.
Maxwell
requests that
her lawyers be
present for
this important
proceeding and
that the Court
continue the
matter to a
date in May
convenient to
the Court and
the parties."
But
Judge Nathan
ruled: "MEMO
ENDORSEMENT as
to Ghislaine
Maxwell on re:
627 LETTER by
Ghislaine
Maxwell
addressed to
Judge Alison
J. Nathan from
Attorney
Jeffrey S.
Pagliuca dated
March 2, 2022
re: Ms.
Maxwells
Request for
adjournment of
hearing on
Motion for New
Trial.
ENDORSEMENT:
The requested
two-month
adjournment to
May is not
justified and
is therefore
DENIED. Two of
the
Defendant's
four attorneys
are able to be
present and
represent the
Defendant at
the March 8
hearing. The
Court will
conduct the
questioning at
the hearing,
and the
parties have
already
submitted
briefing and
proposed
questions. The
public
interest in a
reasonably
prompt hearing
outweighs the
Defendant's
preference for
an
adjournment.
SO ORDERED."
It's on. Song here
The
Order: "ORDER
as to
Ghislaine
Maxwell: for
the reasons
fully
explained in
the Opinion
& Order, a
hearing is
necessary to
resolve the
Defendant's
motion.
Because of the
important
interest in
the finality
of judgments,
the standard
for obtaining
a post-verdict
hearing is
high. The
Court
concludes, and
the Government
concedes, that
the demanding
standard for
holding a
post-verdict
evidentiary
hearing is met
as to whether
Juror 50
failed to
respond
truthfully
during the
jury selection
process to
whether he was
a victim of
sexual abuse.
Following
trial, Juror
50 made
several
direct,
unambiguous
statements to
multiple media
outlets about
his own
experience
that do not
pertain to
jury
deliberations
and that cast
doubt on the
accuracy of
his responses
during jury
selection.
Juror 50's
post-trial
statements are
"clear,
strong,
substantial
and
incontrovertible
evidence that
a specific,
nonspeculative
impropriety"namely,
a false
statement
during jury
selectionhas
occurred.
United States
v. Baker, 899
F.3d 123, 130
(2d Cir.
2018). To be
clear, the
potential
impropriety is
not that
someone with a
history of
sexual abuse
may have
served on the
jury. Rather,
it is the
potential
failure to
respond
truthfully to
questions
during the
jury selection
process that
asked for that
material
information so
that any
potential bias
could be
explored. In
contrast, the
demanding
standard for
ordering an
evidentiary
hearing is not
met as to the
conduct of any
other juror.
The Court
DENIES the
request to
conduct a
hearing with
respect to the
other jurors.
The Court also
DENIES the
Defendant's
request for a
broader
hearing and
pre-hearing
discovery. The
Court
therefore
ORDERS that a
hearing take
place at which
the Court will
question Juror
50 under oath.
The Court
further ORDERS
that Juror
50's
questionnaire
be unsealed,
for the
reasons
explained in
the Opinion
& Order.
The Court will
email counsel
for Juror 50 a
copy of his
questionnaire
and a copy of
this Order. As
also explained
in the Opinion
& Order,
the Court will
conduct the
questioning at
the public
hearing with
input from
counsel for
the Defendant
and the
Government.
The parties
may submit by
email proposed
questions in
accordance
with the
Opinion &
Order on or
before March
1, 2022. The
hearing will
take place on
March 8, 2022,
at 10:00 a.m.
The Court
ORDERS Juror
50 to appear
in Courtroom
906 of the
Thurgood
Marshall
United States
Courthouse, 40
Centre Street,
New York, New
York at that
date and time
to give
testimony
under oath in
response to
the Court's
questions."
Watch this
site
At
11:30 pm on
January 19,
Maxwell's lawyers
filed a one-paragraph
letter stating
that her
motion for a new
trial was
entirely under
seal: "Dear
Judge Nathan:
Today, counsel
for Ghislaine
Maxwell filed
her Motion for
a New Trial
(the “Motion”)
and
accompanying
exhibits under
seal. For the
reasons set
forth in the
Motion, we
request that
all
submissions
pertaining to
Juror No. 50
remain under
seal until the
Court rules on
the Motion.
Respectfully
Submitted, /s/
BOBBI C.
STERNHEIM."
On
January 19-20,
Inner City
Press filed
a formal
request to
unseal the motion
for a new
trial, specifically
referencing
the Alex
Acosta era of
this
controversy
and scandal.
Here.
On
February 11,
Judge Nathan
allowed much
but not
all to remain
sealed,
and also
docketed a
request by the
National
Association of Criminal
Defense
Lawyers to
join as amici on the
issue of jury
questionnaires
and, well,
chattiness.
The sealing
order: "ORDER
as to
Ghislaine
Maxwell. The
Court is in
receipt of the
parties'
letters
addressing the
Defendant's
request to
temporarily
seal her
motion for a
new trial and
accompanying
exhibits, and
the
Governments
response in
opposition and
accompanying
exhibits. See
Dkt. Nos. 590,
594, 595.
Several media
organizations
have also
filed letters
seeking
unsealing. The
Court is also
in receipt of
Juror 50's
motion to
intervene.
Both the
Government and
the Defendant
oppose
intervention.
The Defendant
seeks to
strike or, in
the
alternative,
seal Juror
50's motion.
For the
reasons
outlined more
fully below,
the Court
rules as
follows.
First, the
Defendant's
motion to
temporarily
seal in their
entirety all
documents
related to the
motion for a
new trial is
DENIED. Any
sealing of
judicial
documents must
be narrowly
tailored to
serve
competing
interests."
On
February 1
Maxwell's lawyers
submitted a
belated
argument for
keeping her
motion entirely
sealed,
citing her
"higher
value" and their
desire to keep
from Juror 50
his and
others'
answers to the
questionnaire and
"the details of the
investigative
steps the
defense has
taken." Full
letter on
Patreon here.
The
rationale is
not sufficient
under Lugosch, Inner
City Press
wrote on
February 1, but
the process
has already
been dragged
out.
A full
week later on
February 8 Maxwell's
lawyer Bobbi Sternheim
repeated the
argument that
all should
remain sealed,
including "Ms.
Maxwell's
reply (to be
filed on
February 9)...
Giving Juror
50 a preview
of information
he does not
have and should not
have at this
juncture would
permit him to
craft
testimony,
destroy
critical
evidence and
explain
away facts to
protect
himself." Watch
this site.
A full
week later,
Judge Nathan
issued this:
"ORDER as to
Ghislaine
Maxwell. The
Court is in
receipt of
Defendant's
motion for a
new trial and
accompanying
exhibits,
which she
requests to
file under
seal. See Dkt.
No. 580. The
Court has also
received
requests from
media
organizations
to unseal the
motion. The
Court is aware
there is
substantial
public
interest in
this matter
and will
ensure that
the First
Amendment
right to
public access
is fully
safeguarded.
At the same
time, the
Court must act
deliberately
and hear from
the parties in
considering
these sealing
issues in
order to
ensure the
integrity of
any potential
inquiry
process going
forward,
should one be
ordered. That
too is in the
public, as
well as the
Defendant's
and the
Government's,
interest.
Accordingly,
to the extent
the Defense
requests that
arguments in
favor of
sealing should
themselves be
sealed, that
request is
DENIED.
Arguments in
favor of
sealing can be
made in such a
way so as not
to undermine
the grounds
for seeking
sealing or
redaction in
the first
instance. The
Defense is
therefore
ORDERED to
file a letter
on the public
docket on or
before
February 1,
2022, that
justifies the
proposed
sealing by
reference to
the three-part
test in
Lugosch v.
Pyramid Co. of
Onondaga, 435
F.3d 110 (2d
Cir. 2006).
The Government
may file on
ECF a response
to the
Defenses
justification
letter on or
before
February 4,
2022. The
Government's
opposition to
the Defenses
new trial
motion is due
February 2,
2022. Dkt. No.
571. Per the
established
practice in
this case, the
Government
must provide a
copy via email
to the Defense
to allow the
Defense the
opportunity to
propose
narrowly
tailored
redactions
and/or
sealing. If
either party
proposes
redactions to
or sealing of
the
Government's
anticipated
opposition, a
letter
justifying
such
redactions or
sealing must
be filed on
the public
docket. The
Defense letter
must be filed
on or before
February 8,
2022, and the
Government
letter must be
filed by
February 11,
2022. The same
process will
apply for any
Defense reply
in support,
which is due
February 9,
2022. Dkt. No.
571. If
redactions or
sealing are
proposed, the
Defense letter
justifying
such requests
would be due
February 15,
2022, and the
Government
letter would
be due
February 18,
2022." We'll
have more on
this.
On
January 12
Judge Nathan
issued an order:
"Counsel for
Juror Number
50 has
submitted a
motion to
intervene and
to be provided
a copy of the
juror’s
completed
questionnaire
and voir dire.
The motion has
been submitted
via email to
allow the
parties the
opportunity to
propose and
the Court to
consider any
necessary
redactions.
The parties
are ORDERED to
submit via
email any
proposed
redactions on
or before
January 13,
2022,
justifying any
such request
by reference
to the
three-part
test
articulated by
the Second
Circuit in
Lugosch v.
Pyramid Co. of
Onondaga, 435
F.3d 110 (2d
Cir. 2006). If
any redactions
are proposed,
the Court will
determine
whether any
are
appropriate
and then
docket the
motion. The
parties shall
respond to
Juror 50’s
motion on or
before January
20, 2022. Upon
further
reflection,
unless and
until Juror
No. 50 is
permitted to
intervene, he
may have no
standing to be
heard on the
question of
whether an
inquiry should
be conducted.
Accordingly,
the Court
withdraws the
aspect of its
prior order
setting
January 26,
2022, as the
date by which
counsel for
Juror 50
should file a
submission on
the issue of
the
appropriateness
of an inquiry.
Dkt. No. 571.
The Court will
hear from the
parties first
regarding
Juror 50’s
pending
motion.
Depending on
the resolution
of that
motion, the
Court will
provide
further
guidance to
counsel
for Juror 50
regarding any
permitted
submission. If
a further
submission is
permitted, the
Court will
provide ECF
docketing
access to
counsel for
Juror 50 at
that time." So
everything is
kept out
of the docket,
like Inner
City Press'
filings to
unseal. But
isn't secrecy what
caused this
problem?
Order here.
Full two days
later, past 5 pm
on January 14,
Judge Nathan
put in the
case docket
NOT Juror 50's
motion but an
order saying she will
continue to
keep it up. It
is obviously
now a
judicial documents,
having
triggered reflection
by the judge.
But the
concept of judicial
document is being gamed:
"ORDER as to
Ghislaine
Maxwell. The
Court required
the parties to
indicate
whether Juror
50's motion to
intervene and
to be provided
a copy of the
jurors
completed
questionnaire
and voir dire
should be
redacted. Dkt.
No. 575. In
response, the
parties have
submitted
letters to the
Court
indicating
their
differing
views on
whether Juror
50s motion
should be
docketed at
all. Upon
further
reflection,
the
Courtconcludes
that it must
first address
the threshold
question of
whether an
inquiry is
permittedand/or
required
before
considering
Juror 50s
requests.
Accordingly,
the Court will
not consider
or act on
Juror 50's
request to
intervene and
to be provided
a copy of the
jurors
completed
questionnaire
and voir dire
until the
Court receives
the parties
briefing on
the
appropriateness
of an inquiry
and the nature
of any such
inquiry. The
Court will
maintain Juror
50's motion
temporarily
under seal
until the
Court
considers the
parties
arguments and
determines the
appropriate
next steps.
Consistent
with this and
to (Signed by
Judge Alison
J. Nathan on
1/14/22)."
Four
minutes later:
"ORDER as to
Ghislaine
Maxwell. The
Court is in
receipt of the
parties' joint
letter
regarding a
schedule for
sentencing and
resolution of
the severed
perjury
counts. Dkt.
No. 574. The
Court hereby
schedules the
sentencing in
this matter
for June 28,
2022, at 11:00
a.m. The Court
will delay
ordering the
preparation of
a presentence
investigation
report until
April 2022.
The Court
previously set
the schedule
for briefing
on the new
trial motion
as well as all
other
post-verdict
motions. Dkt.
No. 571. That
schedule
remains in
place. The
Court adopts
the parties
proposal that
the scheduling
of any
proceedings
related to the
severed
perjury counts
be deferred
until the
post-verdict
motions are
resolved. By
January 18,
2022, the
Government
shall indicate
in a joint
letter whether
it is seeking
an exclusion
of time under
the Speedy
Trial Act for
the perjury
counts and the
basis for any
requested
exclusion. In
the joint
letter, the
defense shall
indicate
whether it
consents to
the proposed
exclusion of
time
(Sentencing
set for
6/28/2022 at
11:00 AM
before Judge
Alison J.
Nathan.)
(Signed by
Judge Alison
J. Nathan on
1/14/22)."
Less than an
hour after the
above was
filed (instead of
Juror 50's
motion), Inner
City Press
submitted to
Judge Nathan's
Chambers,
and the
parties, this:
"Re: US
v. Maxwell,
20-cr-330
(AJN), Press
request that
Juror 50's
motion be
acknowledged
as a judicial
document and
docketed, as
this request
should be Dear
Judge
Nathan:
On behalf of
Inner City
Press and in
my personal
capacity, I
have been
covering the
above-captioned
case,
including
repeatedly
asking that
sealing and
redactions be
reduced and
that a public
call-in line
be provided
(it
wasn't).
Juror 50's
motion was
withheld, it
was said, to
allow the US
and defense to
propose
redactions.
Now in a
second "upon
further
reflection"
Juror 50's
motion is
still being
withheld,
apparently
under the
theory or
argument that
it is not a
judicial
document even
though it
seems obvious
that it has
been and is
being
considered by
the court. In
plain
language, it
is a judicial
document and
withholding
it, with all
due respect,
ill-serves the
public
interest in
this
trial.
Juror 50's
motion, and
this request,
should be
docketed. If
necessary: The
Southern
District of
New York has
also
approvingly
noted that the
Ninth Circuit
has found "no
principled
basis for
affording
greater
confidentiality
to post-trial
documents and
proceedings
than is given
to pretrial
matters."
United States
v. Milken, 780
F. Supp. 123,
126 (S.D.N.Y.
1991) (quoting
CBS, Inc. v.
U.S. Dist.
Ct., 765 F.2d
823, 825 (9th
Cir. 1985));
see also
United States
v. Simone, 14
F.3d 833, 838
(3d Cir.1994)
(finding a
public right
of access to a
post-trial
examination of
juror
misconduct
even though no
cited history
predated
1980).
There are
other
unaddressed
public access
issues" Full
Inner City
Press filing
/ letter here.
Watch
this site.
On the
evening of January
10 the US
submitted a
joint letter:
"The
Government
believes that
the Court
should order
preparation of
the
Presentence
Investigation
Report (“PSR”)
and schedule a
sentencing
proceeding
approximately
three to four
months from
today’s date.
That schedule
permits
sufficient
time for the
preparation of
the PSR and
resolution of
post-trial
motions. In
the event the
defendant’s
post-trial
motions are
denied, the
Government is
prepared to
dismiss the
severed
perjury counts
at the time of
sentencing, in
light of the
victims’
significant
interests in
bringing
closure to
this matter
and avoiding
the trauma of
testifying
again. If any
of the
defendant’s
post-trial
motions are
granted, the
Government
proposes that
the parties be
directed to
promptly
confer and
propose a
schedule for
further
proceedings.
That schedule
may depend on
the manner in
which the
Court resolves
such motions.
Defense
Position The
defense
requests that
the Court
delay setting
a schedule for
sentencing
because there
is a
compelling
basis for the
Court to
overturn Ms.
Maxwell’s
conviction and
grant her a
new trial
based on the
disclosures of
Juror #50
during
deliberations.
The parties
are currently
briefing that
issue. The
defense
therefore
objects to
setting a
schedule for
sentencing
until this
motion is
resolved. For
the same
reason, the
defense
intends to set
forth in its
moving papers
the reasons
why Ms.
Maxwell should
not be forced
to expend
resources to
brief other
post-trial
motions until
after the
Court decides
this motion.
Furthermore,
requiring Ms.
Maxwell to
participate in
the
preparation of
the
Presentence
Investigation
Report, while
she is
awaiting a
decision on
her motion for
a new trial,
will adversely
impact her
Fifth
Amendment
rights."
Letter here.
On January
10, without comment on
who it is,
from Juror
50's lawyer
Inner City
Press
received this:
From:
Todd A. Spodek
Date: Mon, Jan
10, 2022 at
11:39 AM
Subject:
Danforth With
Guideline of
57 Months Has
Maxwell
Juror's
Temporary CJA
Gets 34 Months
To:
innercitypress.com
FYI - Juror 50
was appointed
CJA and in
lieu of CJA
hired my firm.
Thanks.
http://www.innercitypress.com/sdny58torresdanforthicp010622.html
Todd A.
Spodek
Spodek Law
Group P.C. 85
Broad Street,
17th Floor New
York, NY 10004
Duly
noted - and
responded to.
There's this:
But
previously, the
same Scott(y)
-
Office
Coordinator +1
(212) 338-9614
Office
Address: 52
Vanderbilt
Avenue, 20th
Floor New
York, NY 10017
Tel: +1 (212)
661-4060 E-...
Jun 26, 2012
babinc.org - with
Prince Andrew
connection.
The
US on January
5 wrote in: "Dear
Judge Nathan:
The Government
has become
aware that a
juror has
given several
interviews to
press outlets
regarding his
jury service
in this case." Full
US
letter on
Inner City
Press' DocumentCloud
here.
Inner City
Press immediate
filing to
unredact,
still not
docketed by
Judge Alison J.
Nathan,
here.
Again through
the UK press,
Team Maxwell
has announced
they have
identified a
third juror who
may have lied
on the juror
questionnaire,
with a fourth
juror "in
question." There
is nothing in
the docket.
As
noted during
the trial by
Inner City
Press, for
example with
regard to Team
Maxwell's Leah
Saffian having
and sharing
her smart
phone
in the courtroom,
there was something
very wrong and
untransparent
about this
trial. It was
the secrecy,
starting with
the denial
of the public
call-in
line and
continuing
through juror
selection
with press
banned from
significant
parts, that
allowed it.
Now what?
"Scotty
David"
(see above)
fled photographers
outside
his midtown
Manhattan apartment,
shielding
his face with
a family-sized box
of Cheez-Its. The private
equity firm
the Carlyle
Group confirms
he works for
them. How then
did Judge
Alison J.
Nathan appoint
him a publicly-paid
lawyer? And
how that Scotty David
has fired the
free
lawyer and
says he has
his own, who's
paying for
that? Who's
paying?
Podcast here.
The US asked
that Juror 50
be appointed a
lawyer.
And redacted
part of its
letter.
Judge Alison
J. Nathan
appointed CJA
lawyer Todd Spodek.
But then on
January 6,
this: "ORDER
as to
Ghislaine
Maxwell. A
notice of
appearance has
been filed by
retained
counsel on
behalf of
Juror Number
50. See Dkt.
No. 572.
Retained
counsel has
communicated
to the Court
that the juror
does not wish
to have
counsel
appointed."
On
January 5
the defense,
by Christian
Everdell,
sent in
an even more
heavily
redacted letter,
that "presents
incontrovertible
grounds for a
new trial
under Rule 33." Then
lengthy
redactions.
Inner
City Press quickly opposed
these
redactions,
writing to
Judge Nathan:
"Re: US v.
Maxwell,
20-cr-330
(AJN), Press
request that
redactions to
US and defense
letters about
juror
controversy be
removed and
other relevant
documents
unsealed;
request should
be docketed
and ruled on
Dear Judge
Nathan:
On behalf of
Inner City
Press and in
my personal
capacity, I
have been
covering the
above-captioned
case,
including
repeatedly
asking that
sealing and
redactions be
reduced and
that a public
call-in line
be provided
(it
wasn't).
Now on January
5 the
government and
the defense
have submitted
significantly
redacted
letters about
juror "Scotty
David" and his
print and
video
interviews,
requesting an
inquiry or a
new
trial.
But the public
and press have
a right to
know what the
US and defense
are arguing to
the Court.
Accordingly,
the redactions
should be
removed
forthwith, and
all other
relevant
still-sealed
or redacted
documents be
placed in the
public
docket
While
appreciating
that the Court
docketed
before denying
Inner City
Press'
November 12
request for a
call-in line,
Dkt. 451, this
is a request
that this
opposition to
sealing be
docketed as
took place in
US v.
Avenatti,
19-cr-374
(JMF), Dkt 85,
here."
Judge
Nathan
issued an
order, not
addressing the
redactions, setting a
schedule:
"ORDER as to
Ghislaine
Maxwell. The
Court is in
receipt of the
parties'
letters. Dkt.
Nos. 568, 569,
570. The Court
hereby sets
the following
briefing
schedule for
the Defense to
move for a new
trial in light
of the issues
raised in the
parties'
letters:
Defense
motion:
January 19,
2022;
Government
response:
February 2,
2022; Defense
reply:
February 9,
2022."
Then CJA
lawyer
Todd Spodek
filed a notice
of appearance
for Juror 50,
whom Inner
City Press
had
already linked
to Scotty
David: 35
and in finance.
And knew of
Ghislaine
Maxwell before
the
trial. See
above.
Inner
City Press filed
an earlier
letter for docketing
and ruling on -- see
here.
Inner
City Press opposed
and opposes
the continued
secrecy. And
see DC op-ed here
Inner City Press
covered the trial, and all the
comes before and after it;
#CourtCaseCast and song I,
Song
2, Song
3, fifth song,
Nov
27 songDec
4 song and Dec
11 song (YouTube
demonetized it) and Dec
18 song (no ads) and Dec
24 song (also no ads -
demonetized by YouTube) and
now Jan 8 on chatty juror from
the Carlyle Group, not
monetized, here
(support here)
On October 22 the
draft jury questionnaire was
unsealed and Inner City Press
has immediately published it
on its DocumentCloud here,
including "Have you or a
family member ever supported,
lobbied, petitioned,
protested, or worked in
any other manner for or
against any laws, regulations,
or organizations relating to
sex trafficking, sex crimes
against minors, sex abuse or
sexual harassment?" Photo here.
After the death of Jeffrey
Epstein in the MCC prison, on
July 2 Acting US Attorney for
the SDNY Audrey Strauss
announced and unsealed in
indictment of Maxwell on
charges including sex
trafficking and perjury.
Inner City Press went to her
press conference at the US
Attorney's Office and asked,
Doesn't charging Maxwell with
perjury undercut any ability
to use testimony from her
against other, bigger
wrong-doers? Periscope here
at 23:07.
Strauss
replied that it is not
impossible to use a perjurer's
testimony. But how often does
it work?
At 3:30 pm
on July 2 Maxwell appeared in
the U.S. District Court for
the District of New Hampsire,
before Magistriate Judge Andrea
K. Johnstone.
Inner City
Press live
tweeted it
here.
(Also
live tweeted
bail denial of
July 14, here.)
In
the July 3 media coverage of
Maxwell, media all of the
world used a video and stills
from it of Maxwell speaking in
front of a blue curtain, like
here.
What they
did not mention is something
Inner City Press has been
asking the UN about, as under
UNSG Antonio Guterres with his
own sexual exploitation issues
(exclusive video
and audio)
it got roughed up and banned
from the UN: Ghislaine Maxwell
had a ghoulish United Nations
press conference, under the
banner of the "Terramar
Project," here.
On July 5,
after some crowd-sourcing,
Inner City Press reported on
another Ghislaine Maxwell use
of the United Nations,
facilitated by Italy's
Permanent Representative to
the UN, UN official Nikhil
Seth and Amir Dossal,
who also let into the UN and
in one case took money from
convicted UN briber Ng Lap
Seng, and Patrick Ho of CEFC
China Energy, also linked to
UN Secretary General Antonio
Guterres.
At the
Ghislaine Maxwell UN event,
the UN Deputy Secretary
General was directly involved.
List of (some of)
the participants on Patreon here.
Inner City
Press has published a phone of
Maxwell in the UN with Dossal,
here. But the connection runs
deeper: Dossal with "25 years
of UN involvement" was on
Terrarmar's board of
directors, one of only five
directors, only three not
related to Maxwell by blood
and name.
The directors:
Ghislaine Maxwell, Christine
Malina-Maxwell, Steven Haft,
Christine Dennison and... Amir
Dossal. Inner City Press is
publishing this full 990 on
Patreon here.
Dossal has
operated through the UN Office
of Partnership, with Antonio
Guterres and his deputy Amina
J. Mohammed, here.
And the links to
the world of UN bribery,
including Antonio Guterres
through the Gulbenkian
Foundation, runs deeper. More
to follow.
Antonio Guterres
claims he has zero tolerance
for sexual exploitation, but
covers it up and even
participate in it. He should
be forced to resign - and/or
have immunity waived.
Terramar
has been dissolved, even
though Maxwell's former
fundraiser / director of
development Brian Yurasits
still lists the URL on his
(protected) Twitter profile,
also here.
But now
Inner City Press has begun to
inquire into Ghislaine
Maxwell's other United Nations
connections, starting with
this photograph of another
day's (or at least another
outfit's) presentation in the
UN, here.
While co-conspirator Antonio
Guterres has had Inner City
Press banned from any entry
into the UN for two years and
a day, this appears to be in
the UN Economic and Social
Council (ECOSOC) chamber.
We'll have more on this, and
on Epstein and the UN - and
UNSC President Norway. Watch
this site.
The case
is US v. Maxwell, 20-cr-330
(Nathan).
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: Box 20047, Dag
Hammarskjold Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2022 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com for