OK - US v. #GhislaineMaxwell jury selection Day 2, afternoon, Judge Alison Nathan (said to be nominated for 2d Cir Court of Appeals) questioning prospective Juror 128. Inner City Press is covering innercitypress.com/sdnytrial20max…
and will live tweet, thread below
Judge Nathan: I'll begin trial on Nov 29 and we estimate six weeks. Can you serve?
Juror: There might be a problem with my job.
Judge Nathan: But you'd still get paid?
Juror: Yes.
Judge Nathan: So it's feasible. You answered that you heard about Ms. Maxwell?
Juror: That she was Epstein's assistant.
Judge Nathan: Could you still be fair?
Juror: Yes.
Next prospective juror also wants to talk Epstein: "He was in Florida, then he was here across the street [meaning the now-empty MCC, across from the SDNY courthouse], and that he died."
Judge Nathan: Could you be fair?
Juror: Yes.
Numbers game:
Now Judge Nathan says, On November 29 we'll start with the first four qualified prospective jurors, for your to exercise peremptory strikes on.
Maxwell's counsel: Starting with the lowest numbers?
Judge Nathan: Yes.
Maxwell's counsel suggested starting from the higher numbers.
Judge Nathan: Why, other than you prefer higher numbers?
Maxwell's lawyer asks if the assignment of numbers was randomized.
Judge Nathan said she thinks so.
Judge Nathan: The peremptories will eat into our trial time. But we'll do them then go straight into opening statements.
Parties ask for a change.
Judge Nathan: I never do it but I will... Going out with a bang.
Judge Nathan: The first 40 will go to 1 courtroom, next 20 to a 2d, for social distancing.
[With COVID still obviously a factor, why is there no public call-in line?!?]
Judge Nathan: I'll have staff, if anyone answers they've heard about the case on social media.
Now an argument is made to Judge Nathan against Juror 27, who spoke about Maxwell's condition of confinement. "This juror obviously knows that the defendant is incarcerated. We would challenge this juror for cause."
Another argument: Most of them, if they've read about the case, know she's incarcerated.
Judge Nathan: Largely because of the defense motions... I'm getting a note from the Jury Department, that numbers were assigned randomly. I will get confirmation.
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OK - now at hearing on Zykil Adamson, prosecutor points to story "Man Shot in Head in Historic Music Studio" - which the defendant put on his Instagram account, with music. Inner City Press will live tweet, thread below
Assistant DA: He put on his Instagram, about the shooting, adding "Now that's tuff."
Judge Weston: I dont' see it
ADA: He also wrote to others, Last person who did this to me - so we raise it as a motion in limine
Defense: Much of the DA's position is speculation
Defense: Maybe "that's tuff" was sympathetic to the victim
ADA: He added music. And he Googled "statute of limitations for attempted murder." These are admissions. Look at this Telegram: I told the N-word, some to the studio. Get your gun.
OK - now at hearing about possession of Jean-Michel Basquiat's "Humidity." Athena Art Finance Corp, appealing an order, has asked for a stay of SatFinance taking it overseas and selling it. Inner City Press will live tweet, thread below
Magistrate Judge Valerie Figueredo: Isn't there some way to protected Athena's interest without stopping SatFinance from doing what it wants with the painting? Like, a bond? It sounds like the market is hot for this painting, or Basquiat generally
Athena's lawyer: We would not oppose SatFinance posting a bond
Judge: In what amount?
Athena: Over $13 million
Judge: SatFinance?
SatFinance's lawyer: They have no ownership interest. If they win in the 2d Circuit, they would have a security interest
DC Beat: Now lawsuit seeking block construction of an arch in Memorial Circle near the Arlington Memorial Bridge and Arlington National Cemetery - Inner City Press is covering DDC and will live tweet, thread below
Judge Tanya Chutkan: What assurance to I have I will not wake up one morning and there is construction and an emergency motion?
AUSA: I'm not aware-
Judge Chutkan: I am having a problem with lawyers coming in saying that. You should prepare
AUSA: The project is still in the conceptual phase. The fact that the plaintiffs don't know is a function of when they chose to file the lawsuit
Judge Chutkan: No, it's a function of that they don't work in the White House.
OK - in Epstein victims case against Bank of America, now settlement fairness hearing on $72.5 (or $85) million deal here @SDNYLIVE Inner City Press is covering the cases patreon.com/posts/epstein-… & OCC innercitypress.com/epsteinfiles5b… and will live tweet, thread below
All rise!
David Boies, Sigrid McCawley, Brad Edwards - and Charlotte Taylor and more for Bank of America.
Judge Rakoff: My first question is, Who are you going to send the notice to and how are you going to determine that?
Boies: The people we have identified
Boies: Over time the list of survivors of the sex trafficking venture has grown. We would propose also some kind of publication notice.
Judge Rakoff: Members of the class will not know they have to file a claim or to opt out. Where would you publish notice?
OK - now at presentment in USA v. Zhan Petrosyants, good friend of ex-Mayor Eric Adams, last seen dodging a GEICO subpoena, now arrested for auto insurance fraud. His retained lawyer has been here in the SDNY Mag court waiting for the pre-trial services report 1/x
Waiting here for past hour with Petrosyants defense lawyer schmoozing, saying he'll need a New Jersey lawyer (presumably to secure the bond), commenting on a case wheeled out from grand jury - finally now pre-trial services report arrives
Woman who's been waiting here in the courtroom is now told to go to 26 Federal Plaza and "pick up his luggage" - hmm. She will not be bringing the luggage back to the courthouse, but is told (by lawyer) to "call an Uber for your husband." Waiting for judge
OK - now US v Maduro, hearing on whether Venezuela can pay his lawyer Barry Pollock. Inner City Press is covering the case and will live tweet, thread below matthewrussellleeicp.substack.com/p/extra-maduro…
11:42 am
All rise!
Barry Pollack: Your Honor, in Luis versus US the Supreme Court said that defendants have a right to counsel of choice, and to use untainted funds. Also, funds of a third party. Here, the Government has not contested these 2's property interest
Judge Hellerstein: The point in Luis was UNtainted funds. The similarity here is that... the sanctions are equivalent to the taint. Sanctions on Venezuela from paying out. That's a difference, isn't it?
Pollack: That is not outcome determinative under Luis