Ghislaine Maxill has four possible grounds of appeal – which includes the judge’s decision that the jury must work during the New Year’s Eve holiday, due to coronavirus. DailyMail.com’s legal analysis reveals.
As they try to reverse the conviction, lawyers for former socialite Alison Nathan could focus on Judge Nathan’s handling of the case. She is serving 65 years for recruiting and trading underage girls for Jeffrey Epstein.
They will be arguing primarily about Judge Nathan’s order that the jury sit on every day for the last week of trial until reaching a verdict.
This included New Year’s Eve, New Year’s Day and New Year’s Day.
Maxwell’s attorneys claimed that these instructions were telling Maxwell’s jury to “hurry up”
Judge Nathan stated that this was because of the “astronomical” number of Covid-19 cases fuelled by Omicron, which meant that there was an actual risk of a mistrial.
The jury returned with its verdict at the end.
Ghislaine MAXELL is currently facing 65 year imprisonment after she was found guilty by a jury of recruiting and trading underage girls for Jeffrey Epstein. Maxwell is seen in courtroom sketches as her guilty verdict for sex abuse in New York is read.
DailyMail.com has revealed that Ghislaine Maxille could be appealing on four grounds. Maxwell’s lawyers may focus their attention on the way Judge Alison Nathan dealt with the case, as they attempt to overturn this conviction.
There are other issues that can be brought up on appeal, such as how Judge Nathan dealt with a question by the panel regarding count 4, transportation of an adult under 17 years old with the intent to engage illegal sexual activities – Maxwell was convicted.
Maxwell (60) has also been charged with high-profile sex crime cases. Maxwell is hopeful.
Maxwell’s lawyers will likely raise concern about Maxwell’s jury note referring to Annie Farmer as well counts one through three. They also found Maxwell guilty of those counts.
Fourth, Maxwell’s attorneys could be dissatisfied with the way Judge Nathan handled their request that US Marshals force one witness into court. This request was ultimately rejected by Maxwell.
Maxwell is yet to file an appeal, but her lawyer Bobbi Sternheim stated that they will.
Maxwell’s family stated in a statement that Maxwell would be “ultimately vindicated” despite being convicted by the jury of five out of six of her charges.
Maxwell, who is 60 years old, does have some hope in other high-profile sex crime cases, especially that of Bill Cosby.
For drugging Andrea Constand and assaulting her 14-years earlier at their home, he received a sentence of 10 years prison in 2018.
Cosby was convicted but his conviction was overturned by the Pennsylvania State Supreme Court in June. The court ruled that Cosby had violated his due process rights because an earlier prosecutor had agreed to not charge him.
Harvey Weinstein appeals his sentence of 23 years for rape, and sexual assault. It was given in March 2013.
Judges asked whether it was excessive to list three Weinstein accusers in New York as bad character witnesses during an appeal court hearing earlier this month. A decision will be made in Spring 2022.
Maxwell has not yet filed her appeal. However, Bobbi Sternheim, Maxwell’s lawyer stated they would do so in the New Year.
Jeffery Pagliuca, Laura Menninger and Maxwell’s defence team are seen leaving New York Court after yesterday’s verdicts.
Maxwell’s Tuesday setback was caused by Judge Nathan’s refusal to grant her defense team additional instructions to the jury on Tuesday regarding one count related to transportation accuser Jane. It is likely that they will use it as appeal ground.
Harvey Weinstein currently appeals the sentence of 23 years imprisonment for rape/sexual assault. This verdict was delivered in March 2012. After Bill Cosby was convicted, the Pennsylvania State Supreme Court overturned his conviction in June. This is because Cosby had been charged by a former prosecutor who agreed to not charge him.
Maxwell’s appeal will likely be heavily influenced by Judge Nathan’s handling of jury instructions on the coronavirus.
Day 16 Judge Nathan suggested that the jury sit at 6 pm instead of 5 pm because there is a risk of one member becoming infected.
Laura Menninger Maxwell’s lawyer strongly disagreed.
The court heard her tell it: “Because they have only had three days, any suggestion they should stay longer is starting to sound like telling them to hurry up when they clearly know they can deliberate as long and as much as they wish.”
Menninger mentioned that Judge Nathan had given the jury extra time to consider the case the previous week, but they turned it down. Menninger stated that they had already made plans for the Christmas break in a note.
Judge Nathan instructed the jury that they were allowed to stay till 6pm. However, he also said there wasn’t any pressure so they could take as much time as they like.
Judge Nathan became more depressed and stated that she was seeing an astronomical increase in Covid positive cases in New York the following day.
Judge Nathan stated that there was a high risk jurors and participants, such as Maxwell, may have to be quarantined. This could put at risk the trial’s ability to go ahead.
A note was sent by the jury at the conclusion of the day, indicating that they were making progress.
The jury requested clarification on their week’s schedule Wednesday morning, which turned out to have been the last day of deliberations.
Judge Nathan informed them she would force them to sit each day until they arrive at a verdict. They had previously been told to only sit from Monday to Wednesday.
This would also include New Year’s Eve, which is on Friday night, and New Year’s Day Saturday morning. Sundays are possible if needed.
Maxwell’s attorneys appealed to the judge, who added the following qualifier: “Of course,” I didn’t mean pressure you by this. Take all of the time you can’t afford.
That very same day, the jury delivered their verdict.
A second source of contention that could be included in the appeal is when Maxwell’s attorneys repeatedly argued against Judge Nathan on Day 16 of the trial about a jury note regarding count 4, which was related to Jane.
It was a count of transportation for a minor under the age 17 in an effort to engage illicit sexual activity.
Maxwell was found guilty of this charge and could spend up to 10 Years in prison.
Maxwell’s siblings Christine, Kevin, and Isabel fled court in New York yesterday. They declined to speak with reporters. Maxwell’s family claimed that Maxwell would be “ultimately vindicated” despite her being convicted of five of the six counts.
In an attempt to prove that Maxwell was in a relationship with Epstein, the prosecution took photos from Epstein’s home.
Note read, ‘If defendant assisted in Jane’s flight home, but not to New Mexico where/if Jane intended to engage in sexual behavior, can she be found guilt under the second element?
Alison Moe stated that the jury was unable to understand the question, and suggested they refer them to the instructions.
Christian Everdell, Maxwell’s attorney, stated that Maxwell was traveling for a’significant purpose’ and not because Jane engaged in illegal sexual activity as required under the law.
Everdell stated that she was going to her home ‘just as if’ but not in order to engage in illegal sexual activity.
Judge Nathan stated that the note was unclear and said to the court, “I don’t understand what the question is asking. It’s too hard to interpret factually or legally.”
She referred her jury without any further comments to her instructions.
Maxwell’s attorneys tried to get the judge to reconsider their decision again the next day with a seven-page letter to the court. It stated that Maxwell was wrong and had prejudiced her.
They stated that jurors were confused about count 4 and count 2 respectively. Therefore, they asked for an additional instruction of three paragraphs to help clarify.
Judge Nathan refused to deal with count 2 because the jury did not ask.
Everdell was told by she that he wanted a third bite. She dismissed the letter and said it wasn’t true.
Maxwell’s lawyers were heatedly arguing about another note, which was recorded on Day 14 of the trial. It could also be used as the basis for an appeal.
Jurors were asked to consider Annie Farmer’s testimony regarding conspiracy to transport and entice a minor to participate in illegal sex acts.
Maxwell faces five years in prison for each of the charges.
Judge Nathan indicated that she would speak to the jury and say, “The answer is yes. It may be considered.”
Everdell expressed concern that Farmer’s evidence might be used more broadly by jurors than it should.
He wanted to remind jurors that Farmer’s accusations were not illegal sexual conduct as was charged in the indictment.
Photographed: Ghislaine Maxwell’s Metropolitan Detention Center (MDC), where she is currently being held since July 2020.
Judge Nathan rejected this argument and stated that it would not be responsive to their questions.
Maxwell’s lawyers could raise the issue of Judge Nathan’s handling their problem calling defense witnesses in Maxwell’s appeal.
Maxwell’s attorneys were not kind to Judge Nathan after they requested help from US Marshals in compel Kelly Bovino (a female witness) to attend court.
The judge seemed exasperated by the possibility of delay, especially since the defense had known two weeks prior that Bovino would not respond to their subpoena.
She stated that she was not intent on delaying the trial and said, “This all must happen today.”
After a lengthy exchange with Menninger Nathan declared that Menninger was a “nonresponsive witness”.
Menninger responded in a desperate tone: “We have been flying people across this country, across the ocean.”
“Our client’s life is in danger and we have been given one day to present a defense. We also have one and a-half days and one witness we are experiencing problems with. “We are not asking for a long delay of more than a few weeks.”
Maxwell’s lawyer rescinded their request for engagement with the US Marshals. However, appeals may be made to overturn the conviction.