Thread by @innercitypress

OK - in US v. #GhislaineMaxwell, jury is supposed to resume deliberating today after a 4-day hiatus. So far, Courtroom 318 is empty. But Inner City Press, which this AM published more, starts the live tweet thread below- it's endgame for this narrow prosecution

https://twitter.com/innercitypress/status/1474431457150087170

Update of 9:35 am - still nothing in Courtroom 318. In the docket of the case, nothing since Dec 21, 2021. But digging, there is this, another redacted letter urging that Maxwell be freed, "I have never witnessed anything close to inappropriate with Ghislaine"

Update of 10:15 am - still nothing in Courtroom 318. Nothing docketed since Dec 21, 2021. But digging, there is yet another redacted letter urging that Maxwell be freed, saying she shows "consideration of others, no matter if they are a king or a street cleaner"

Update, finally semi-substantive, of 10:23 am - defense lawyers and prosecutors are assembling in Courtroom 318. Something is afoot, if only an announcement by Judge Nathan, and Inner City Press will live tweet it - watch this feed, below

Update of 10:28 am - Ghislaine Maxwell is brought out of the holding cell.
Now Judge Nathan says, I have a note, we need highlighters and office supplies, Post-It notes and a white board - and a definition of enticement.

Assistant US Attorney: On page 21 of your instruction, you defined enticement in its ordinary, every-day meaning. That's what they should be told.
Judge Nathan stares into her computer.

Maxwell's lawyer Christian Everdell: There are cases defining enticement, I don't have then at hand --
Judge Nathan: I have one: US v. Almonte. Is that what you have in mind, Mr. Everdell?
Everdell: I think we cited a case in our Rule 29 argument, on causation too

Judge Nathan: In response, I will write, Dear Jury, we are gathering supplies. On enticement, see the jury charge
Sternheim: Ms. Maxwell has been given an N-95 mask but she is being told to only wear it in the courtroom.
Judge Nathan: The rule is in the courtHOUSE

Judge Nathan: I will speak to the District Executive's office.
All rise!
Ghislaine Maxwell is led out of the courtroom by the two U.S. Marshals. 1st short podcast of the day, and stories on InnerCityPress.com & patreon.com/MatthewRussell…, coming

Here's the podcast: anchor.fm/innercity-pres…

Update of 11:07 am -- Now the jury has made another request, for the testimony of [Palm Beach Police Officer] Gregory Parkinson, about the search. Inner City Press uploaded video here:

Courtroom Comparisons: While some are saying that all juries in New York take 3 days or more, as just one example, in October 2021 a jury here @SDNYLIVE found Lev Parnas guilty in less than five hours, I covered it: innercitypress.com/sdnytrial10par…

https://twitter.com/innercitypress/status/1447235156746686474

Update of 2:55 pm - after more than 3 hours of radio silence from the Maxwell jury, her lawyer Bobbi Sternheim has returned to the defense table; the prosecutors, too. Word is, there is a jury note - thread continues below

And now Ghislaine Maxwell is out of the holding cell, with two U.S. Marshals, and sits at defense table.
Judge Nathan: The jury writes, Can we please have the testimony of David Rogers? [One of 2 Epstein pilots to testify at the trial.]

Judge Nathan: I don't know what time the jury wishes to deliberate to this evening. I assume we'll get a note. We'll wait for that. If they're not done today, I'll consider extending deliberations into tomorrow for at least some period of time.

Maxwell's lawyer Bobbi Sternheim: I think this jury has a mind of its own, they declined to deliberate last Thursday.
Judge Nathan: Think about indication of at least some extension of hours tomorrow if they have not completed the task.

[Note: The idea seems to be, if the jury doesn't decide today, Judge Nathan might tell or encourage them to stay past 5 pm tomorrow. A cynic might say, In a hurry to get to the 2d Circuit? Different judges have different methods. Also in the arsenal: Allen Charge]

Update of 4:30 pm -
Judge Nathan is back, with a jury note, and lets / tells counsel to take a photo of it. (Photos banned in Federal courts?)

[Note: It's a convoluted note involving Jane, if if the jury can, if it makes certain findings, still render a guilty verdict.]
Ghislaine Maxwell is back at the defense table; lawyers at both sides at studying their photo(s) of the jury note.

Judge Nathan: The jurors also say they want to end today at 5 pm. We'll take that up after we address responding to this note.

Prosecutors ask for "one more moment" before arguments on how to respond to the "Jane note."
Assistant US Attorney: Our proposal would be to refer the jurors to the instructions. We find the question confusing.
Defense lawyer Everdell: We want the answer to be No

Everdell: The jurors are clearly separating in their minds the flight to, versus from, New Mexico. There is no motivating purpose to the return trip. It was not for the purpose of engaging in sexual activity, the return flight. The flight there, maybe

AUSA: It's not clear what flight they are talking about.
Everdell: The only evidence in the record we have is from the flight log. [It seems that has been left heavily redacted]

Judge Nathan: I'm inclined to reply, I can't response other then point to the count in the indictment and instruction.
Everdell: Page 28, instruction 21.
[Inner City Press put the jury charge online here: documentcloud.org/documents/2116…

Judge Nathan: Is it your contention that to convict on this count the jury would have to find that the defendant was involved in this aspect of this flight. It's difficult to parse this question.

Judge Nathan: I don't know how much weight to put on that comma placement [in the jury question]. I can't answer this ambiguous question "No." The only solution here is to direct them to the full instruction on page 28.

Maxwell's lawyer Bobbi Sternheim: Your Honor needs to make clear to their juror what state comes after the word "New" - they need to find a violation of New York law.
Judge Nathan: I do not know what this question means. So I will just direct them back to the count.

Judge Nathan: I am referring them to the instruction.
Everdell: We reiterate our prior objection.
Judge Nathan: I'll sent the response with the CSO [Court Security Officer]. Now, on extending the time?
AUSA: You should tell them to expect an extended day tomorrow.

Defense: We think urging the jurors to stay late sends them a message that they need to hurry up and decide.
AUSA: It is within the Court's discretion.
Judge Nathan: I'll tell them if deliberation is not complete tomorrow, I'd like them to stay at least to 6 pm

Judge Nathan: I'll take them they could stay later than 6 pm... unless they indicate to Ms. Williams that it's a hardship.
Defense: Any suggestion that they should complete their decision --
Judge Nathan: I used this language last week.

Judge Nathan: I clearly have discretion to set the default schedule. And I do it over your objection.
Defense: We ask you not include that phrase.
Judge Nathan: I'll use the same language I used last week. I'll add, Take all the time you need.
Bring in the jury.

Jury comes in and is instructed by Judge Nathan, leaves. Judge asks the lawyers, Anything further for today?
No. No.
Adjourned.
Story going up on InnerCityPress.com then out into Foley Square, possible live stream. Watch. This. Feed.