DOJ-OGR-00009052.jpg
708 KB
Extraction Summary
4
People
3
Organizations
0
Locations
2
Events
2
Relationships
4
Quotes
Document Information
Type:
Legal filing / court document (motion regarding juror misconduct)
File Size:
708 KB
Summary
This document is page 51 (internal page 44) of a legal filing (Document 613) dated February 24, 2022, in the case against Ghislaine Maxwell. It argues that 'Juror No. 50' was dishonest during jury selection (voir dire) by failing to disclose that he was a victim of childhood sexual abuse and crime (referencing Questions 48 and 25). The text asserts that this nondisclosure prevented the defense from probing his ability to be impartial regarding Dr. Loftus's testimony and Maxwell's defense strategy concerning false memories.
People (4)
| Name | Role | Context |
|---|---|---|
| Juror No. 50 | Juror |
Accused of dishonesty during voir dire regarding past sexual abuse; subject of the motion.
|
| Ms. Maxwell | Defendant |
Defendant in the trial; the motion argues her defense was compromised by the juror.
|
| Dr. Loftus | Expert Witness |
Defense witness whose testimony regarding memory Juror No. 50 allegedly could not fairly evaluate.
|
| Wainwright | Legal Precedent |
Cited in case law (Wainwright v. Witt, 469 U.S. 412) regarding juror impartiality.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| The Court |
References the judge/court overseeing the trial.
|
|
| Department of Justice (DOJ) |
Indicated by the Bates stamp 'DOJ-OGR'.
|
|
| The Media |
Juror No. 50 gave interviews to the media admitting to his history.
|
Relationships (2)
Juror No. 50 served on the jury that convicted Maxwell.
Text refers to 'Ms. Maxwell’s defense that her accusers’ memories were unreliable' and mentions evaluating 'testimony of Dr. Loftus'.
Key Quotes (4)
"If a juror’s going to lie and be dishonest, we will smoke that out."Source
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Quote #1
"In hindsight, that claim is not credible."Source
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Quote #2
"it’s clear he was not fair and impartial because his personal experiences “prevent[ed] or substantially impair[ed] the performance of his duties...""Source
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Quote #3
"Juror No. 50’s failure to disclose that he was a victim of sexual abuse (Question 48) was further compounded by his failure to disclose that he was merely a victim of a crime (Question 25)."Source
DOJ-OGR-00009052.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,930 characters)
Case 1:20-cr-00330-PAE Document 613 Filed 02/24/22 Page 51 of 66
I will individually, one-on-one, question[] the jurors, and with the parties
present, I feel confident that I can discern any clear dishonesty. This is not
just going to be a summary voir dire; it will be probing. . . . If a juror’s going
to lie and be dishonest, we will smoke that out.
present, I feel confident that I can discern any clear dishonesty. This is not
just going to be a summary voir dire; it will be probing. . . . If a juror’s going
to lie and be dishonest, we will smoke that out.
TR 10/21/2021, p 25-26. Because Juror No. 50 did not honestly answer these material
questions, however, the Court and the defense were not alerted to probe these issues and
instead relied on Juror No. 50’s claim that he could be fair and impartial. In hindsight,
that claim is not credible.
questions, however, the Court and the defense were not alerted to probe these issues and
instead relied on Juror No. 50’s claim that he could be fair and impartial. In hindsight,
that claim is not credible.
This is not speculation. Rather, based on what Juror No. 50 has said to the media,
it’s clear he was not fair and impartial because his personal experiences “prevent[ed] or
substantially impair[ed] the performance of his duties as a juror in accordance with his
instructions and his oath.” Wainwright, 469 U.S. at 424. If Juror No. 50 had truthfully
disclosed that he was a victim of sexual assault and sexual abuse as a child, the Court and
parties would have probed, among other things, whether he was able (1) to assess the
credibility of alleged sex assault victim like all other witnesses; (2) to fairly evaluate the
testimony of Dr. Loftus; (3) to impartially assess Ms. Maxwell’s defense that her
accusers’ memories were unreliable and tainted by money and manipulation; and (4) set
aside his own traumatic experience when evaluating whether the government met its
burden of proof beyond a reasonable doubt.
it’s clear he was not fair and impartial because his personal experiences “prevent[ed] or
substantially impair[ed] the performance of his duties as a juror in accordance with his
instructions and his oath.” Wainwright, 469 U.S. at 424. If Juror No. 50 had truthfully
disclosed that he was a victim of sexual assault and sexual abuse as a child, the Court and
parties would have probed, among other things, whether he was able (1) to assess the
credibility of alleged sex assault victim like all other witnesses; (2) to fairly evaluate the
testimony of Dr. Loftus; (3) to impartially assess Ms. Maxwell’s defense that her
accusers’ memories were unreliable and tainted by money and manipulation; and (4) set
aside his own traumatic experience when evaluating whether the government met its
burden of proof beyond a reasonable doubt.
Juror No. 50’s failure to disclose that he was a victim of sexual abuse (Question
48) was further compounded by his failure to disclose that he was merely a victim of a
crime (Question 25). Disclosing that he was a crime victim would have invited inquiry
by counsel and the Court regarding the nature of the crime and would have provided a
48) was further compounded by his failure to disclose that he was merely a victim of a
crime (Question 25). Disclosing that he was a crime victim would have invited inquiry
by counsel and the Court regarding the nature of the crime and would have provided a
44
DOJ-OGR-00009052
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