Ghislaine Maxwell’s Motion For New Trial Based On Juror Misconduct Denied
Case will move to sentencing on June 28
Judge Alison Nathan has denied Ghislaine Maxwell’s motion for a new trial based upon alleged juror misconduct by Juror 50 (aka “Scotty David”) in falsely answering questions on voir dire about his own prior sexual abuse Judge Nathan’s 40 page ruling was released late yesterday. It was no April Fool’s joke
This decision by Judge Nathan is virtually appeal-proof. Her acceptance of Juror 50’s explanation that his false answer on the question of whether he (or a family member) had ever been sexually abused was inadvertent is a credibility-call based on observation of demeanor during testimony that I have never seen disturbed on appeal. Her further decisions on lack of bias cite all of the controlling law and are backed by specific references to the voir dire process.
The case will move to sentencing, with a hearing on June 28. I expect the Guidelines calculation for Maxwell to be 235-293 months. I previously published my Guidelines analysis
A Guidelines sentence will be tantamount to a life sentence for 60 year old Maxwell. We will see whether Judge Nathan imposes the Guidelines sentence or exercises her discretion to impose a lesser term.
It is interesting Judge Nathan has set the precedent in her court that jurors cannot be expected to truthfully and accurately answer the jury questionnaire.
If I was a defense attorney appearing before her, I would demand that she personally ask every question orally to every potential juror to ensure that they don't "skip through the questions." Or I would refuse to continue with the trial until she has done so.