#BREAKING: Ghislaine Maxwell's motion for a new trial was unsealed at 1am ET this morning. It is **not** about the jurors who told the press they had been victims of sexual abuse. It does not contain a single reference to these jurors. #GhislaineMaxwell#GhislaineMaxwellTrial
Instead, the motion for a new trial relates ENTIRELY to things that happened *during* the trial. It is a challenge to rulings that Judge Nathan made during the trial and instructions she gave to the jury before they went out to deliberate. More on that momentarily. But first...
What happened here? On my reading, either a) the defence realised that nothing untoward happened during jury selection in terms of the jurors who had been abused, but capitalised on the fuss made by the tabloids by making it seem like this was the basis of their motion.
Or b) there is/was content about Juror 50, and the others who said they had been abused, in the motion for a new trial that has since been taken out, or which has been wholly redacted (which would be a violation of the order that Judge Nathan made last night)
In any case, now we know why Maxwell's defence team fought so hard to keep this motion secret — because they wanted everyone to continue to believe that the motion was about Juror 50's comments about abuse/what he put on his questionnaire, when it wasn't about that at all.
I've just done a word search to make sure I'm not losing my mind — the motion for a new trial does not contain a single instance of any of the following words/phrases: "jury selection", "voir dire", "juror number 50", or "questionnaire".
OK, so a brief explanation of what the motion for a new trial *does* argue: it basically picks up on a couple of really contentious rulings that Judge Nathan made during the trial — rulings which anyone who was in the room would have guessed would be part of the defence's appeal.
The first ground for a new trial relates to counts one through four, and whether or not the abuse had to take place in New York in order for Maxwell to be convicted on those counts. This is something that the defence argued with Judge Nathan about repeatedly during trial.
The second major ground for a new trial is that there was not enough evidence to convict Maxwell on all three counts of conspiracy because the conduct across the three counts overlapped. "the proof at trial established, at most, a single conspiracy," the motion reads.
The motion then repeats their pre-trial argument that the trial was unfair because of delay in bringing the charges. And finally, the motion argues that Maxwell should get a new trial because "the government failed to prove each element of the charges beyond a reasonable doubt."
We don’t have all the facts right now, but based on the motion that the defence was forced to make public last night, here’s what it looks like:
Ghislaine Maxwell’s lawyers wanted everyone to think they had prepared a motion for a new trial based on Scotty’s interview when they never did and probably never planned to. Scotty’s interview was never potential grounds for a new trial. #GhislaineMaxwell#GhislaineMaxwellTrial
The right-wing press and the tabloids published headlines suggesting it might be grounds for a “mistrial” and Maxwell’s lawyers saw an opportunity and ran with it. They used a sexual abuse survivor who fought through this own shame to tell his story as a pawn in their media stunt
Based on what we know — ie that there is no argument in the motion about Scotty’s questionnaire, and that the prosecution is fighting to have his questionnaire made public — it seems safe to assume that nothing untoward occurred with Scotty’s questionnaire or jury selection.
It seems safe to assume that he never misled anybody and did nothing wrong. But the defence team got everybody to attack him and blame him anyway.
In case you can’t tell, I’m furious.
To reiterate: we don’t have the complete picture yet, this is just based on the motion that the defence was forced to make public overnight. We’ll have to wait for Judge Nathan’s ruling before we have the full story. Stay tuned.
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#BREAKING: Judge Nathan has DENIED the defence’s request to keep their motion for a new trial for #GhislaineMaxwell secret. She will allow them to make narrowly-tailored redactions to protect privacy but said there is no legal reason to keep the entire motion sealed.
Firstly, and importantly, Judge Nathan confirms in her order that “much of the information relied upon in the Defendant’s motion and the Government’s response is publicly available.”
Secondly, she agreed with the prosecution’s argument that “Court is the relevant fact-finder with respect to any potential hearing and it is obviously privy to the information whether filed under seal or filed publicly.”
BREAKING: The jury in the #GhislaineMaxwellTrial has just sent a note to Judge Nathan requesting the transcripts of FIVE additional witnesses: Elizabeth Loftus, the witness we are calling “Shawn” to protect his privacy, Amanda Young, Cimberly Espinosa and Jason Richards.
Elizabeth Loftus is the defence’s expert witness who testified about the science of “false memories”, and about the potential for human memory to be contaminated by suggestion or “post-event information”.
Shawn is Carolyn’s ex-boyfriend. Shawn corroborated Carolyn’s story, saying that he remembers Carolyn visiting the Palm Beach house frequently when she was underage, and that she “worked” for Epstein. He remembers that she would leave the house with hundreds of dollars in cash.
It’s 5.21am in New York and I’m here at the federal courthouse ready for another day of jury deliberations in the #GhislaineMaxwellTrial. The jury has been asked to stay later than usual tonight, so maybe we’ll have a verdict sometime today??
#BREAKING: the jury in the #GhislaineMaxwellTrial has sent another note to the judge asking for the transcript of Matt’s testimony. Matt was Jane’s ex-boyfriend and was called by the prosecution to corroborate her story.
Matt testified that Jane told him about *both* Maxwell and Epstein while they were dating. He said Jane described Epstein as a “godfather” like figure who helped her mum pay the bills. But, importantly, Jane told Matt at the time that “the money wasn’t for free.”
Matt testified that Jane told him that Epstein had an “adult female friend” who “made her feel comfortable” spending time with him. When Maxwell was arrested, Matt said he asked Jane: “Is that the woman you told me about?” and she said “yes”.