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744 KB
Extraction Summary
7
People
3
Organizations
1
Locations
3
Events
1
Relationships
6
Quotes
Document Information
Type:
Legal document
File Size:
744 KB
Summary
This legal document is a reply filed by Ghislaine Maxwell's defense team in support of their motion for a new trial. The central argument is that Maxwell was denied her Sixth Amendment right to a fair trial because a juror, identified as Juror No. 50, provided false answers during the jury selection process (voir dire), thereby concealing bias. The defense refutes the government's position that they must prove the juror was 'dishonest' or provided a 'deliberate falsehood,' citing case law that establishes a different standard for such situations.
People (7)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
The subject of the legal motion, submitting a reply in support of her motion for a new trial.
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| Juror No. 50 | Juror |
A juror in Ghislaine Maxwell's trial whose presence on the jury is the basis for the motion for a new trial, alleged ...
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| Parker |
Mentioned in the case citation 'Parker v. Gladden'.
|
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| Gladden |
Mentioned in the case citation 'Parker v. Gladden'.
|
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| Martinez-Salazar |
Mentioned in the case citation 'United States v. Martinez-Salazar'.
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| Stewart |
Mentioned in the case citation 'United States v. Stewart'.
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| Greenwood |
Mentioned in the case citation 'McDonough Power Equip. v. Greenwood'.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| United States Supreme Court | government agency |
Cited as a legal authority whose precedent does not require a showing of a 'deliberate falsehood' for a new trial bas...
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| Second Circuit | government agency |
Cited as a legal authority whose precedent does not require a showing of a 'deliberate falsehood' for a new trial bas...
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| McDonough Power Equip. | company |
Mentioned in the case citation 'McDonough Power Equip. v. Greenwood'.
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Timeline (3 events)
2022-03-11
Ghislaine Maxwell's legal team filed a reply in support of her motion for a new trial.
Ghislaine Maxwell's criminal trial, which is the subject of this motion for a new trial.
The jury selection process for Maxwell's trial, during which Juror No. 50 allegedly provided false answers to Questions 25 and 48.
Locations (1)
| Location | Context |
|---|---|
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Mentioned in case names ('United States v. ...') and in the context of the U.S. Constitution.
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Relationships (1)
The document alleges that Juror No. 50's presence on the jury deprived Ms. Maxwell of a fair and impartial trial due to concealed bias.
Key Quotes (6)
"was entitled to be tried by 12, not 9 or even 10, impartial and unprejudiced jurors."Source
— Parker v. Gladden
(Quoted to establish the legal standard for the number of impartial jurors required for a trial.)
DOJ-OGR-00009875.jpg
Quote #1
"[T]he seating of any juror who should have been dismissed for cause . . . require[s] reversal."Source
— United States v. Martinez-Salazar
(Quoted to argue that the presence of a biased juror necessitates a reversal of the verdict.)
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Quote #2
"dishonest"Source
— The government (attributed)
(Used to describe the government's alleged standard for when a new trial is required due to a juror's false answers.)
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Quote #3
"deliberately"Source
— The government (attributed)
(Used to describe the government's alleged standard for how a juror must have provided false answers to warrant a new trial.)
DOJ-OGR-00009875.jpg
Quote #4
"deliberate falsehood."Source
— The government (attributed)
(The legal standard that Maxwell's team argues is not required by the Supreme Court or Second Circuit for a new trial.)
DOJ-OGR-00009875.jpg
Quote #5
"reflected in the McDonough standard for analyzing allegations that a juror’s false voir dire concealed bias that affected the fairness of the trial"Source
— United States v. Stewart
(Quoted to explain the legal standard for analyzing juror bias from false voir dire responses.)
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Quote #6
Full Extracted Text
Complete text extracted from the document (2,197 characters)
Case 1:20-cr-00330-PAE Document 644 Filed 03/11/22 Page 6 of 32
Ghislaine Maxwell submits this reply in support of her motion under Federal Rule of Criminal Procedure 33 for a new trial.
Introduction
Ms. Maxwell “was entitled to be tried by 12, not 9 or even 10, impartial and unprejudiced jurors.” Parker v. Gladden, 385 U.S. 363, 366 (1966). That did not happen. Juror No. 50’s presence on the jury deprived Ms. Maxwell of the fair and impartial jury the due process and the Sixth Amendment guarantee. U.S. Const. amends. V, VI.¹ “[T]he seating of any juror who should have been dismissed for cause . . . require[s] reversal.” United States v. Martinez-Salazar, 528 U.S. 304, 316 (2000).
The government’s response to this suffers from two fundamental errors. The first is to insist that a new trial is required only if Juror No. 50 was “dishonest” by “deliberately” providing false answers to Questions 25 and 48. That is not the law. Neither the United States Supreme Court nor the Second Circuit requires a showing of a “deliberate falsehood.” United States v. Stewart, 433 F.3d 273, 303 (2d Cir. 2006) (applying McDonough Power Equip. v. Greenwood, 464 U.S. 548 (1984) and holding that the requirement of a fair and impartial jury is “reflected in the McDonough standard for analyzing allegations that a juror’s false voir dire concealed bias that affected the fairness of the trial: a party alleging unfairness based on undisclosed juror bias must demonstrate first, that the juror’s voir dire response was false and second, that the correct
¹ It appears that, at best, Ms. Maxwell had 10 fair and impartial jurors, not the 12 guaranteed her by the United States Constitution. We know at least one other juror in addition to Juror No. 50 falsely denied having been a victim of sexual abuse or assault.
Although this Court need not hold a hearing since the record already establishes that Ms. Maxwell was deprived of her Sixth Amendment right to trial by an impartial jury, any such hearing must also serve to identify this other juror. Such a hearing likely would also show that Juror No. 50 was actually biased, in addition to being impliedly and inferably biased.
Although this Court need not hold a hearing since the record already establishes that Ms. Maxwell was deprived of her Sixth Amendment right to trial by an impartial jury, any such hearing must also serve to identify this other juror. Such a hearing likely would also show that Juror No. 50 was actually biased, in addition to being impliedly and inferably biased.
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