Ghislaine Maxwell’s lawyers once again called for the temporary sealing of legal arguments involving the juror who might not have disclosed childhood sexual abuse during jury selection.
“With the constitutional right to a fair trial at stake, it is of paramount importance for the court to ensure the integrity of any fact-gathering process that may take place so that the inquiry is safeguarded and can uncover the truth of what happened,” her attorneys said in a letter Tuesday.
Maxwell was convicted on 29 December of sex trafficking and related counts for facilitating Jeffrey Epstein’s sexual abuse of minor girls, some as young as 14.
Epstein, a financier and convicted sex offender, was arrested in July 2019 for sex trafficking teen girls. He killed himself about one month later in a Manhattan jail while awaiting his trial.
The new filing is among ongoing legal exchanges over the juror.
Juror 50, whose name is Scotty David, sat for interviews where he publicly alleged that he was sexually abused as a child. David claimed that he told other jurors about this abuse – enabling them to view things from a victim’s perspective.
David’s comments about possible prior abuse prompted questions because then-prospective jurors completed questionnaires during the selection process – which asked about sexual abuse.
David claimed that he did not recall the question about abuse but maintained he had answered every question honestly. After David’s interviews, prosecutors asked the judge, Alison Nathan, to investigate his statements; Maxwell’s legal team swiftly requested a hearing and new trial.
Maxwell’s attorneys filed their detailed arguments for a new trial under a seal. They had also submitted their argument for sealing under wraps, but Nathan decided on 26 January that it must be posted openly to the docket.
As such, Maxwell’s lawyers filed their argument for sealing publicly on 1 February, claiming that unsealing these detailed arguments before there is a decision about retrial “will provide a roadmap of the defense’s examination of Juror 50 and will allow him to plan out and tailor his responses, or even potentially spoliate evidence, to paint himself and his conduct in the best light possible”.
They also said that Maxwell “seeks only a temporary sealing to protect the integrity of any fact-finding process ordered by the court”.
Prosecutors said in 5 February court papers that these documents should be public, writing that “the defendant has not justified her sealing request”.
The new filing from Maxwell’s lawyers relates to prosecutors’ response paperwork “in opposition to [her] Motion for a New Trial.” Maxwell’s attorneys also want Nathan to keep those documents temporarily under wraps.
“The absence of this temporary safeguard will contribute to further obstruction of the truth-seeking process, compromising any factual inquiry ordered by the court, and jeopardizing Ms Maxwell’s legitimate opportunity to establish why a mistrial should be granted to vindicate her constitution right to a fair trial,” they said.
Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In the US, Rainn offers support on 800-656-4673. In the UK, Rape Crisis offers support on 0808 802 9999. In Australia, support is available at 1800Respect (1800 737 732). Other international helplines can be found at ibiblio.org/rcip/internl.html
