London Daily

Focus on the big picture.
Friday, Jun 20, 2025

Analysis: No guarantee of new Maxwell trial after juror's revelations, experts say

Analysis: No guarantee of new Maxwell trial after juror's revelations, experts say

The possible failure of a juror in Ghislaine Maxwell's trial to disclose that he was a victim of sexual abuse may not be enough to overturn the British socialite's sex trafficking conviction and warrant a new trial, legal experts said on Thursday.

Maxwell, 60, was convicted last week on sex trafficking and other charges for recruiting teenage girls to have sexual encounters with Jeffrey Epstein. Her lawyers asked for a new trial after the juror told Reuters and other news outlets that he shared his experience of sexual abuse during deliberations.

It was unclear whether the juror, who asked to be identified by his first and middle names, Scotty David, revealed that experience during pre-trial vetting.

But not all instances of jurors failing to disclose information are significant enough to merit a new trial, experts said, noting that cases where verdicts were overturned largely involved jurors who deliberately omitted information to try to get on the panel.

"The system does not favor overturning verdicts. We value finality," said Laurie Levenson, a professor at Loyola Law School in Los Angeles, adding that the judge has "broad discretion" in this case.

In U.S. court cases, prospective jurors who the judge decides are biased or have a conflict of interest can be dismissed for cause. After that, both the defense and prosecutors can each dismiss a certain number of jurors for no particular reason, known as a peremptory strike.

Prospective jurors in the Maxwell case in Manhattan federal court were asked during a pre-trial questionnaire whether they had ever been sexually abused. Those who answered "yes" were later questioned by U.S. District Judge Alison Nathan about whether they could be impartial, court records show.

Scotty David told Reuters on Tuesday he "flew through" the form. He said he did not remember a question that asked if he was ever a victim of sexual abuse, but would have answered honestly. He told Reuters he was not asked about any personal experience with sex abuse in follow-up questioning.

Scotty David did not reply to a request for comment on Thursday. Todd Spodek, a lawyer who made appearance in the case on behalf of an unnamed juror after the defense's request for a new trial, also did not respond to a request for comment.

'SHOULD HAVE BEEN REVEALED'
Jeffrey Epstein associate Ghislaine Maxwell sits as the guilty verdict in her sex abuse trial is read in a courtroom sketch in New York City, U.S., December 29, 2021.


Some experts said they expected Nathan to examine whether Scotty David could still have been impartial despite his experience with abuse. In deliberations, jurors are allowed to relay their personal experiences so long as they do not use it in place of evidence.

But they said Nathan might be limited in asking what happened in the jury room since judges consider the secrecy of deliberations sacrosanct.

"Just because you're a victim of sexual assault does not mean you can't sit on a jury. Just because you lie about that does not mean she was denied a fair trial," said Zachary Margulis-Ohnuma, principal attorney at ZMO Law PLLC.

For example, in 2016, a New York state judge declined to overturn the manslaughter conviction of a New York City police officer Peter Liang despite a juror's failure to disclose during jury selection that his estranged father had been convicted of manslaughter.

The judge said the defense had not shown the juror's actions violated Liang's right to a fair trial.

There is some precedent for new trials being ordered when jurors are dishonest. In 2012, the late U.S. District Judge William Pauley ordered a new trial in Manhattan federal court for defendants convicted of running a tax shelter scheme, after revelations that a juror lied during pre-trial screening.

The juror said she only had a bachelor's degree and was a "stay-at-home wife" when she had actually graduated from law school. She later admitted to lying to make herself more "marketable" as a juror.

Pauley called the juror "a pathological liar" in his ruling and said that if the juror had answered honestly, he would not have let her serve.

Sharon McCarthy, a lawyer who represented one of the defendants, told Reuters the juror "literally lied in response to every question."

The Maxwell case would likely have a different outcome, said Pace University law professor Bennett Gershman, who has written about jury misconduct. He noted that the jury acquitted Maxwell on one of the counts, suggesting they were responsible in their deliberations.

"It's something that should have been revealed, but doesn't seem to have compromised the verdict," he said.

Newsletter

Related Articles

0:00
0:00
Close
16 Billion Login Credentials Leaked in Unprecedented Cybersecurity Breach
Senate hearing on who was 'really running' Biden White House kicks off
Iranian Military Officers Reportedly Seek Contact with Reza Pahlavi, Signal Intent to Defect
FBI and Senate Investigate Allegations of Chinese Plot to Influence the 2020 Election in Biden’s Favor Using Fake U.S. Driver’s Licenses
Vietnam Emerges as Luxury Yacht Destination for Ultra‑Rich
Plans to Sell Dutch Embassy in Bangkok Face Local Opposition
China's Iranian Oil Imports Face Disruption Amid Escalating Middle East Tensions
Trump's $5 Million 'Trump Card' Visa Program Draws Nearly 70,000 Applicants
DGCA Finds No Major Safety Concerns in Air India's Boeing 787 Fleet
Airlines Reroute Flights Amid Expanding Middle East Conflict Zones
Elon Musk's xAI Seeks $9.3 Billion in Funding Amid AI Expansion
Trump Demands Iran's Unconditional Surrender Amid Escalating Conflict
Israeli Airstrike Targets Iranian State TV in Central Tehran
President Trump is leaving the G7 summit early and has ordered the National Security Council to the Situation Room
Taiwan Imposes Export Ban on Chips to Huawei and SMIC
Israel has just announced plans to strike Tehran again, and in response, Trump has urged people to evacuate
Netanyahu Signals Potential Regime Change in Iran
Juncker Criticizes EU Inaction on Trump Tariffs
EU Proposes Ban on New Russian Gas Contracts
Analysts Warn Iran May Resort to Unconventional Warfare
Iranian Regime Faces Existential Threat Amid Conflict
Energy Infrastructure Becomes War Zone in Middle East
UK Home Secretary Apologizes Over Child Grooming Failures
Trump Organization Launches 5G Mobile Network and Golden Handset
Towcester Hosts 2025 English Greyhound Derby Amid Industry Scrutiny
Gary Oldman and David Beckham Knighted in King's Birthday Honours
Over 30,000 Lightning Strikes Recorded Across UK During Overnight Storms
Princess of Wales Returns to Public Duties at Trooping the Colour
Red Arrows Use Sustainable Fuel in Historic Trooping the Colour Flypast
Former Welsh First Minister Addresses Unionist Concerns Over Irish Language
Iran Signals Openness to Nuclear Negotiations Amid Ongoing Regional Tensions
France Bars Israeli Arms Companies from Paris Defense Expo
King Charles Leads Tribute to Air India Crash Victims at Trooping the Colour
Jack Pitchford Embarks on 200-Mile Walk to Support Stem Cell Charity
Surrey Hikers Take on Challenge of Climbing 11 Peaks in a Single Day
UK Deploys RAF Jets to Middle East Amid Israel-Iran Tensions
Two Skydivers Die in 'Tragic Accident' at Devon Airfield
Sainsbury's and Morrisons Accused of Displaying Prohibited Tobacco Ads
UK Launches National Inquiry into Grooming Gangs
Families Seek Closure After Air India Crash
Gold Emerges as Global Safe Haven Amid Uncertainty
Trump Reports $57 Million Earnings from Crypto Venture
Trump's Military Parade Sparks Concerns Over Authoritarianism
Nationwide 'No Kings' Protests Challenge Trump's Leadership
UK Deploys Jets to Middle East Amid Rising Tensions
Trump's Anti-War Stance Tested Amid Israel-Iran Conflict
Germany Holds First Veterans Celebration Since WWII
U.S. Health Secretary Dismisses CDC Vaccine Advisory Committee
Minnesota Lawmaker Melissa Hortman and Husband Killed in Targeted Attack; Senator John Hoffman and Wife Injured
Exiled Iranian Prince Reza Pahlavi Urges Overthrow of Khamenei Regime
×