Ghislaine Maxill’s appeal is unlikely to be successful and she should work closely with prosecutors to lower her sentence. Experts agree.
Bobbi Sternheim was Maxwell’s lawyer and stated that she had already begun work on an appeal after Jeffrey Epstein, a British socialite, found her guilty of sexually abusing teenage girls.
Lawyers today stated that there are no “glaring legal problems” which could make prosecutors anxious and Maxwell should ‘drop a penny on every Epstein friend’.
Maxwell has at least four potential grounds for appeal, according to a legal analysis by DailyMail.com, including the judge’s insistence that jurors should sit through the New Year’s Eve holiday.
Judge Alison Nathan stated that the Omicron variant could cause astronomical Covid infections, which would increase the risk of an’mistrial.
Maxwell’s attorneys claimed that these instructions were telling Maxwell’s jury to “hurry up.”
Windels Marx’s defense lawyer Bradley Simon stated that it was a ‘pretty good argument’. He also recalled an instance where a state court judge had pressured jurors to accept a verdict because the jury was about to leave for vacation.
“That was a big no.” The Times reported that the judge had been censured.
Jeffrey Epstein, Ghislaine maxwell and Ghislaine Epstein were pictured with a retriever in unpublished photos taken during the shoot.
Bobbi Sternheim, Maxwell’s attorney (photo taken outside the NY court) said that they had already begun working on an appeal after the British socialite’s guilty verdict.
Maxwell’s lawyers will examine Judge Alison Nathan’s rulings in an attempt to persuade judges she committed errors during her trial
Jurors were told by Judge Nathan that their order not to sit every day was not intended to pressure them.
Howard Greenberg was a respected defense attorney who said to jurors: “I’m trying not to pressure you”, is exactly what it means. This is like people telling you that it’s not all about money.
Greenberg, however, stated to The Times that Maxwell’s lawyers would likely charge a large sum for an appeal that was not successful.
Maxwell suggested that Maxwell would do the best thing and ‘drop a dollar on all Epstein’s friends’. He also suggested Maxwell bargain with prosecutors for information to get shortened jail sentences.
He said, “That would mean you must give up everything you’ve ever done.”
Greenberg stated to The Times that Maxwell would be offered a plea deal only if they believed they could present a fresh case on the basis of her evidence.
Maxwell was 60 when Christmas Day came around. After being convicted for five of the six counts she faced in connection with procuring teenage girls from Epstein’s pedophile financier Epstein, Maxwell has been placed under suicide watch. In 2019, Epstein was hanged from his cell.
Maxwell faces up to 65 years behind bars
Maxwell’s sentence will proceed as scheduled, but the appeal could be delayed for up to 2 years.
Elie Honig, an ex-state and federal prosecutor and Rutgers University professor, stated that every criminal defendant convicted in the United States of America has the right to appeal.
The Times reported that it was uncommon for a juror to overturn a convictment.
Maxwell’s attorneys will examine the transcripts of the trial and critically analyze each judge’s ruling.
Honig said, “I don’t see any glaring issue in the law that would bother me if i were a prosecution here,”
Apart from the question of Maxwell forcing the jury members to attend the holiday, there are other issues such as Annie Farmer’s testimony being counted toward Maxwell’s conspiracy to transport teenage boys in New York. In New York, the consent age is 17.
Annie Farmer claimed that Maxwell treated her to a topless, top-of-the-line massage at Epstein’s New Mexico ranch when she was 16.
Maxwell’s attorneys argued that since New Mexico had 16-years consent at that time, it was legal.
Also, they tried to exonerate Carolyn from conspiracist charges by trying to exclude evidence from her. She was never taken to New York.
Judge Nathan ruled in favor of the defense, stating that the conspiracy charge did not require that the goal be reached. It was sufficient to show that Maxwell, Epstein intended to transport the victim.
Ghislaine Maxill is now facing 65 years imprisonment for trafficking and recruiting underage girls to Jeffrey Epstein’s shop. She was found guilty of five out six charges. Maxwell is seen in courtroom sketches as her guilty verdict for sex abuse in New York is read.
Unsolicited photos from an FBI raid were found and used as evidence. They showed Ghislaine Maxiwell giving Jeffrey Epstein foot rubs while flying on his private plane, Lolita Express.
Epstein and Maxwell were seen in one of the photos that was brought to the court as evidence. It shows them relaxing at Balmoral (the Scottish home of Queen Elizabeth). Prince Andrew, her son, was one of the men believed to have flown aboard Epstein’s plane.
Maxwell, 60 was found guilty in five of the six cases of Epstein’s sexual trafficking minors. Now Maxwell faces a maximum of 65-years imprisonment. Maxwell and Epstein on vacation in Europe
Carolyn Maxwell, Ghislaine’s accuser, said she saw a photo of herself naked and was pregnant. Although that photo was not used as evidence, Epstein was seen cradling Maxwell in another picture.
She stated that you don’t need to be convicted of New York Law to prove the elements of the conspiracy.
The jury later sent a request to the judge asking if Maxwell could be convicted on the charge of transporting Jane, a charge that Maxwell was suspected to have helped arrange Jane’s return flight but not to New Mexico.
Defense argued that the correct answer was ‘no. The defense said that the answer should be ‘no’. But, judge said it was not legally correct.
Maxwell’s attorneys could also object to Judge Nathan’s brusque handling of their request that the US Marshals force one witness into court. This request was ultimately rejected by Maxwell.
Another issue that could be appealed is Judge Nathan’s handling of a panel question about count 4 – Transportation of an Individual Under the Age of 17 With the Intent to Engage in Illegal Sexual Activity – Maxwell was convicted.
Maxwell’s attorneys are likely to be concerned about Maxwell being found guilty on a jury notice relating to Annie Farmer, Maxwell’s accuser.
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 Sternheim, Maxwell’s lawyer said that they will.
Maxwell’s relatives stated that Maxwell will be ‘ultimately justified’ even though she was convicted of five of the six counts.
Maxwell has some hope from other high-profile sex crime cases, including that of Bill Cosby.
He was sentenced in 2018 to 10 years imprisonment for the drugging and sexual assault of Andrea Constand 14 years ago at his house.
Cosby’s conviction overturned in appeal after the Pennsylvania State Supreme Court found that his due-process rights were violated by a former prosecutor who had agreed to not charge him.
Maxwell is yet to file an appeal, but her lawyer Bobbi Starheim stated that they will.
After yesterday’s verdicts, Maxwell’s defense team Jeffery Pgliuca and Laura Menninger were seen leaving New York City court.
Maxwell was unable to stand trial on Tuesday when Judge Nathan refused to provide additional instruction to the jury regarding the charge of transporting ‘Jane,’ which Maxwell is charged with. This will be used by them as appeal grounds.
Harvey Weinstein appeals his sentence of 23 years for rape, and sexual assault. It was given in March 2013. The conviction of Bill Cosby was reversed in June by the Pennsylvania State Supreme Court. It ruled that he had violated his due process rights because an earlier prosecutor had agreed to not bring him charges.
Harvey Weinstein appeals his sentence of 23 years for rape, and sexual assault. It was given in March 2013.
A hearing at the appeals court in New York this month saw judges ask whether three Weinstein-accused people were bad character witnesses. The decision is expected in spring 2022.
Maxwell will be relying heavily on Judge Nathan’s jury instructions regarding 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.
According to her, she told the court that it had only been three days and that suggesting that they stay late is a suggestion to them that they hurry up sounds like they are urging them not to do so, even though they already know they can deliberate as long or as they desire.
Menninger pointed out that Judge Nathan offered the jury another day of deliberation the week before but that they refused it. They stated in a note that they had made plans for Christmas break and had “made plans” for it.
Judge Nathan instructed the jury that they were allowed to stay till 6pm. However, he also said there wasn’t any pressure so they should be able to go as long as they want.
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.
The jury left a note at the end of each day stating that they had made progress.
Tuesday morning was the end of the deliberations. The jury sought clarification about their weekly schedule.
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.
It would be New Year’s Eve and New Year’s Day, respectively on Friday and Saturday.
Maxwell’s legal team appealed, and the judge added the exact same qualification: ‘Officially, I’m not trying to press you. Take all of the time you can’t afford.
The jury returned with its verdict at the end of the day.
The appeal could also be influenced by Maxwell’s arguments with Judge Nathan, who was arguing on the 16th day of trial over a juror note about count 4. This related to Jane.
It was a count of transportation for a minor under 17 with the intention to engage in illicit sexual activity.
Maxwell was found guilty, and is facing up to 10 year imprisonment for the crime.
Maxwell’s sisters Christine, Kevin and Isabel left court yesterday in New York and refused to talk to journalists. Maxwell’s family claimed that Maxwell would be “ultimately vindicated” despite her being convicted of five of the six counts.
To prove Maxwell’s relationship with Epstein the prosecution obtained photos taken in Epstein’s house.
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 lawyer stated that Maxwell wasn’t going to ‘Jane engage in illicit sexual activities’, as the law requires.
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.
A jury was asked by Annie Farmer if it would be possible to take her testimony on the conspiracy charges of transporting a minor for illegal sex act.
Maxwell will spend five years behind bars for each charge.
Judge Nathan stated that she would inform the jury, “The answer to your question is Yes. You may think about it.”
Everdell stated that he was concerned about the possibility of Farmer’s testimony being used’more broadly than necessary’ by the jury.
He wanted the juror to remember that Farmer’s claims were not “illegal sexual conduct” as it was described 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 attorneys may raise in their appeal Judge Nathan’s treatment of their defense witness issues.
Maxwell’s lawyers were bluntly told by Judge Nathan when Maxwell asked the US Marshals for assistance to force Kelly Bovino to appear in 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 replied, “We are not delaying the trial. So this all must be done yesterday.”
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 this pond.”
“Our client is at risk and we have one day to defend him, one and a quarter days for his defense and one witness with whom we are having trouble. It’s not a request for weeks of long delays’.
Maxwell’s lawyer ended up withdrawing their request to the US Marshals. But, an appeal may still be filed to challenge the conviction.