Good morning from New York.
The first full day of jury deliberations begins in the case of Ghislaine Maxwell.
In an interview yesterday, I was asked about an instruction given to the jury in considering their verdict: "conscious avoidance."
How it begins—and a quick thread.
The first full day of jury deliberations begins in the case of Ghislaine Maxwell.
In an interview yesterday, I was asked about an instruction given to the jury in considering their verdict: "conscious avoidance."
How it begins—and a quick thread.
To be clear:
The claims against Maxwell are NOT that she avoided knowledge of alleged crimes.
Maxwell is accused of facilitating and participating in Jeffrey Epstein's abuse of minors. Three accusing witnesses testified that she touched their breasts.
The claims against Maxwell are NOT that she avoided knowledge of alleged crimes.
Maxwell is accused of facilitating and participating in Jeffrey Epstein's abuse of minors. Three accusing witnesses testified that she touched their breasts.
If the jury accepts the defense's efforts to distance Maxwell from Epstein, however, this charge could become significant.
Now, jurors have been instructed to consider whether she was "willfully blind" to what was going on—and multiple witnesses called her Epstein's "No. 2."
Now, jurors have been instructed to consider whether she was "willfully blind" to what was going on—and multiple witnesses called her Epstein's "No. 2."
Jurors will then need to be asked whether Ghislaine Maxwell, described by two of Epstein's ex-pilots under oath as his "No. 2" and by his ex-house manager as the "lady of the house," knew what the late sex offender was up to.
The first major trial that I ever covered in the legal beat hinged upon the concept of conscious avoidance: the 1998 U.S. embassy bombings case of Ahmed Ghailani, the first Guantánamo detainee to be tried in a civilian court.
—Right here in the Southern District of New York.
—Right here in the Southern District of New York.
The defense in that case was that Ghailani was an unsophisticated errand boy by hardened terrorists to obtain the bomb-making materials.
Their summations went: "Ahmed did not know."
Jurors acquitted on more than 200 counts and convicted on one—leading to his life sentence.
Their summations went: "Ahmed did not know."
Jurors acquitted on more than 200 counts and convicted on one—leading to his life sentence.
There was a jury note in that case seeking guidance on the concept of conscious avoidance.
The instructions may seem like arcane legalese, but believe me, 12 jurors can and do pay attention to this stuff.
Time will tell how they assess this case. </thread>
The instructions may seem like arcane legalese, but believe me, 12 jurors can and do pay attention to this stuff.
Time will tell how they assess this case. </thread>
* used by hardened terrorists.
Typo
Typo
Just a follow-up point:
All of this makes things significantly **harder** for Maxwell. "Conscious avoidance" charges are quite common — and the bane of defense attorneys.
All of this makes things significantly **harder** for Maxwell. "Conscious avoidance" charges are quite common — and the bane of defense attorneys.
If you want to hear my analysis of conscious avoidance or other matters regarding jury deliberations in the Ghislaine Maxwell trial, @LBC asked me about these topics in this recent interview. soundcloud.com/user-268770557…
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