A pre-trial hearing sorting out how much secrecy or transparency will greet jury selection in next month's highly anticipated trial of Ghislaine Maxwell is about to begin.
Assistant U.S. Attorney Lara Elizabeth Pomerantz for the government.
Maxwell’s attorney Bobbi Sternheim speaks for the defense.
As for the defendant: “This is Ms. Maxwell, and I am on the line.”
Note:
In addition to RCFP and the 17 news organizations opposing sealing of the jury questionnaire and voir dire, so has the SDNY in-house press. (Full disclosure: I co-signed that letter to the judge—organized by Law360's @PeteBrush— opposing the sealing.)
Judge Nathan says the potential jurors will be addressed by number—sometimes seen in cases like this to protect juror privacy.
"I am not going to permit attorney-conducted voir dire," Judge Nathan says, rejecting one of the requests by Maxwell's defense team.
"These procedures will protect the First Amendment right to public access as necessary" and mandated by law, Judge Nathan says.
Judge Nathan tells Maxwell's lawyer that she conferred with Judge Donnolly in the EDNY who dealt with "similar issues" of dealing with sensitive questions around jurors.
Left unsaid: Donnolly presided over the R. Kelly trial.
Maxwell's lawyer Bobbi Sternheim wants to be able exercise challenges on Nov. 29 — the start date for the trial.
She says it will be necessary because Thanksgiving comes between jury selection and trial. She wants to make sure jurors don't talk about it in the interim.
Judge Nathan signals skepticism about Maxwell's request to seal jury questionnaires and voir dire:
"My understanding and research indicates that they are typically docketed. I have certainly always docketed them in the many cases that I've tried."
Maxwell's lawyer Bobbi Sternheim says publicly posting the jury questionnaire would be like a "take-home exam" for potential jurors before the screening process.
Judge Nathan asks what the government's view is.
AUSA Pomerantz: "Your honor, we defer to the court on this.
Nathan: I'll take that as you continue not to oppose.
Judge Nathan REJECTS the request to seal the jury questionnaire.
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