Ghislaine Maxwell 'could file for mistrial' after juror reveals he suffered childhood sexual abuse
Ghislaine Maxwell could file for a retrial after one of the jurors in her sex-trafficking trial revealed he was a victim of childhood sexual abuse, legal experts told The Telegraph.
Speaking for the first time since Maxwell was found guilty in by New York court last week, one juror described himself as a survivor of sexual abuse and indicated that this had informed his decision.
If it was not disclosed in the questionnaire jurors were made to fill out before selection, this “could definitely be an issue,” Moira Penza, a former federal prosecutor in New York, told The Telegraph. “I certainly hope the juror disclosed this fully on his questionnaire. A little strange the defence didn’t strike him.
“In the first instance it would likely form the basis for a motion to Judge (Alison) Nathan for a new trial,” she said.
Maxwell's legal team has already declared its intention to appeal, however, it has not laid out the legal grounds.
A judge may declare a mistrial in a criminal case for several reasons, including lack of jurisdiction and incorrect jury selection. When a mistrial occurs, the proceedings become null and void, however a new trial may then be heard.
The US legal system allows both the prosecution and defence teams to veto candidates. In selecting 12 primary jurors, Maxwell’s team had 10 challenges and the prosecution six.
Question 48 of 51 on the questionnaire jurors were given was: "Have you or a friend or family member ever been the victim of sexual harassment, sexual abuse, or sexual assault?," followed by: "If yes, do you believe that this would affect your ability to serve fairly and impartially as a juror in this case?"
In an interview with the MailOnline on Wednesday, "Scotty" said he could not remember that question. He also revealed that another member of the jury shared an experience of sexual abuse during deliberations.
One potential juror was dismissed during the judge’s questioning, known as voir dire, after she told the court she informed her sister’s school of alleged sexual abuse her sister had suffered at the hands of a teacher.
Unlike in the UK, jurors in the US are permitted to speak to the media after they have reached their verdict and they have been dismissed.
Juror "Scotty David", who used his real first and middle name but declined to give his surname, told Lucia Osborne-Crowley of Law360 that he believed Maxwell’s four accusers.
“I know what happened when I was sexually abused. I remember the colour of the carpet, the walls. Some of it can be replayed like a video,” he said. “But I can’t remember all the details, there are some things that run together.”
He told his fellow jury members that, like the victims in the case, he did not speak of the assault until later. “I didn’t disclose my abuse until I was in high school,” he said.
He said he believed this helped the jury understand the women’s delay in reporting.
"David believes this helped the jury understand that it’s possible that these women were telling the truth," read the piece, which featured on The Independent website.
“This verdict is for all the victims. For those who testified, for those who came forward and for those who haven’t come forward," David said. "I’m glad that Maxwell has been held accountable. This verdict shows that you can be found guilty no matter your status.”
Annie Farmer, one of the four accusers in Maxwell's trial, tweeted on Tuesday that she was grateful to the juror. "Reading this I was overwhelmed with a sense of gratitude for this juror, who was brave enough to disclose his own trauma to help others understand the experience," she wrote.
Maxwell, 60, is facing up to 65 years in prison after being found guilty on five of her six charges.
She may be forced to wait several months until sentencing while an independent investigator compiles a report looking into Maxwell's background, family, education and employment history to determine if any of these should influence the severity or leniency of the sentence.
