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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4:59 pm
In the courtroom, Combs' lawyers Brian Steel and Jason Driscoll are patting each other on the back. Agnifilo is in the holding cell with Combs; his family is i the second row of the gallery.
5:04 pm
Combs' lawyers Agnifilo, Alexandra Shapiro and Teny Geragos emerge from the holding cell. Still waiting for Sean Combs to be brought into the courtroom by US Marshals
9:15 am
Sean Combs is in the courtroom, talking with his lead lawyer Agnifilo. Also in the well: Shapiro, Westmoreland, Driscoll, Steel. Prosecutors nowhere to be seen.
9:30 am
Now Sean Combs is talking with his lawyer Nicole Westmoreland, while four other of this lawyers huddle to the side. Combs stands up, asking Marshals, and is allowed to speak to his family seated in the front row. Now back into holding cell.
Judge Subramanian: Ms. Comey, can we make sure that things that have been emailed in are put in the docket?
[Better late than never: this is what Inner City Press requested in Week 1: storage.courtlistener.com/recap/gov.usco…
Judge Subramanian: I am adopting the Government's answer to the drug distribution question.
Combs' Driscoll: Can we just put something on the record, about sole possession? This definition of distribution would mislead the jury
Driscoll: But-
Judge: Hold on
OK - now in Drake v UMG [Kendrick Lamar] case, iral argument. Inner City Press has covered the case from the start and will live tweet, thread below innercitypress.com/sdny4vargasdra…
Judge Vargas: You seem to say a diss track could never be defamatory. But NY law says the form is not dispositive.
UMG lawyer: Look at the shock jock case(s)
Judge: Not the same thing. Perhaps the court needs more info [and cannot dismiss]
UMG lawyer: Drake opened the door, in the 3d person, si that when Kendrick Lamar says, Heard you like 'em you, there is no surprise
9:12 am - Judge Subramanian enters
Judge: In case there is anything, we'll bring the jury in for the charge.
Combs' Geragos: The laptop is ready, there're a few things we'll finalize during the charge.
Judge: Just email it to Chambers. (That is, not in the docket)
Judge: All rise!
[Jurors enter]
Judge: I'll read you the charge, it's long but I'll try to make it interesting. You have now heard all of the evidence in this case as well as the final arguments of the parties. I will instruct you on the law - as I give it to you
Judge: Before the defense closing, what about the laptop of exhibits?
AUSA: We are both still working on it. There are a lot of exhibits.
Judge: Why don't we not give the laptop to the jury until Monday? Today we have the defense, the rebuttal, and my charge
Judge: So, deliberations will start Monday. I sent the parties my charge and the verdict form
[Neither is yet in the docket]
Combs' Geragos: May I confer with Mr. Agnifilo?
Judge: Of course