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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[Before jury brought it]
Judge: What's the issue with the charts?
Combs' Alexandra Shapiro: We object to the column entitled "Escort."
Judge: Meaning the title?
Shapiro: They are connecting up the stay with the hotel with the escort's travel to the city
Combs' Shapiro: We don't know if the escort traveled to NY that they actually went to the Londoner Hotel
AUSA: We discussed--
Shapiro: The Government can make an argument, that an inference can be made.
Judge: Fair. Ms. Comey?
AUSA Maurene Comey: OK, title's out
[Before jury is brought it]
Judge: Let's address this. All the Government is saying is that the message shows Ms. Ventura's state of mind
Combs' Donaldson: That's the problem with not being able to re-call Ms. Ventura as a witness.
AUSA: All Mr. Nash will quote it, He's making me freak off on my birthday. She didn't want to go.
Combs' Alexandra Shapiro: A spouse might say, He's making me go to Rangers game, I'd rather not tonight.
Judge: You could have cross examined Ms. Ventura about this
[Note: down at courthouse entrance much security, presumably for arrival of Kid Cudi]. Now up in court, before jury is brought in]
Judge: I didn't hear Government objecting to Mr. Kaplan testifying about Ms. Ventura asking for drugs in Boston
Judge: Let's get Mr. Kaplan back on the stand.
[Witness enters; jury enters]
AUSA: When did you carry cash for Mr. Combs?
George Kaplan: $50,000 on his private jet.
AUSA: Did you pick up cash for Mr. Combs?
Kaplan: $10,000 at Western Union, from Combs Enterprises
[Before the jury is in]
Judge: The defense letter about Doctor Hughes preserves your objections, Ms. Shapiro
[But the defense letter is NOT in the docket, while after Inner City Press' objection, the US letter is in: patreon.com/posts/diddy-do…
Judge: When Doctor Hughes is on the stand, I'm sure Mr. Bach can raise that in cross
[As we reported yesterday, Combs' 10th lawyer is Jonathan Bach, husband of Alexandra Shapiro, who was defense for example in the Trump SPAC trial: innercitypress.com/sdny23qmnpishv…
[Before jurors come in]
Combs' Agnifilo: We oppose David James testifying about the incident with Suge Knight. He's going to mention D-Roc, say he was a friend of Biggie Smalls - that's decades ago, not relevant.
Judge: Seems you are previewing your cross
[Witness / personal assistant David James takes the stand]
Judge Subramanian: Good morning. Welcome back.
[Then]
Courtroom deputy: We are missing four jurors. It may be the subways.
All rise!
Judge Subramanian: On the defense's application with regard to Dawn Richard, Ms. Geragos' opening statement opened the door to this testimony... As to Mr. James, the testimony would be inadmissible absent more
AUSA: As I argued in my letter -
[NOTE: Judge Subramanian just ruled orally on letters that are not in the docket, although they are clearly judicial documents - Inner City Press challenge to this *is* in the docket: unsealing/docket bid storage.courtlistener.com/recap/gov.usco…