London Daily

Focus on the big picture.
Friday, Sep 11, 2026

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
English Councils to Gain Power to Introduce Tourist Taxes by 2028
Kemi Badenoch Reshuffles Conservative Shadow Cabinet
Firefighters Make Progress Containing Major Wildfires in South Wales
John Lewis Partnership Reports £124 Million Loss
Study Says UK AI Data Centres Will Create Only a Quarter of Forecast Jobs
UK Government Considers Higher Industrial Water Prices Amid Supply Pressures
Andy Burnham Holds First Call With Donald Trump as UK Prime Minister
NHS Records Busiest Summer on Record as Heatwaves Drive Hospital Admissions
Home Secretary Orders Police Crackdown on Far-Right Anti-Migrant Vigilantes
UK Supreme Court Rules Northern Ireland Religious Education Curriculum Breaches Human Rights Standards
Markets Price in Four Bank of England Rate Rises by Next Summer
House of Commons Prepares Free Vote on Assisted Dying Bill
UK Government Bans Trade With Israeli Settlements in Occupied Territories
UK Economy Grows 0.4% in July as Artificial Intelligence Investment Supports Expansion
Andy Burnham Becomes UK Prime Minister After Keir Starmer Resigns
John Lewis Partnership Loss Widens to £124 Million
UK Government to Put White Working-Class Social Mobility at Centre of Equality Policy
McLaren Plans £450 Million Technology Investment Creating 1,000 UK Jobs
UK Chancellor Faces Calls for Wealth Taxes and Public Ownership in Autumn Budget
English Mayors to Gain Powers to Impose Uncapped Overnight Tourist Taxes
JPMorgan’s Jamie Dimon Warns UK Government Against Bank Windfall Taxes
UK Air Traffic Control Outage Cancels More Than 2,000 Flights
UK Imposes Trade Ban on Israeli Settlements in the West Bank
UK Borrowing Costs Surge as Middle East Tensions Push Long-Term Gilt Yields to Highest Since 1998
Buckingham Palace Says Prince Harry and Meghan Will Not Resume Official Royal Duties
UK Treasury Faces Calls to Scrap £100,000 Childcare Support Threshold
Trades Union Congress Urges Labour Government to Rewrite Migration Policy
Riot Police Deployed After Anti-Migrant Protests Turn Violent in Portsmouth
UK Considers Replacing Some Disability Cash Payments With Direct Services
JPMorgan’s Jamie Dimon Warns UK Chancellor Against Higher Banking Taxes
UK Announces New Sanctions Targeting Israeli Settlements in West Bank
Metropolitan Police Investigate Alleged Illegal Donations to Reform UK
UK Charges Wiltshire Man With Assisting Russian Intelligence
UK Orders Urgent Review After Air Traffic Failure Cancels More Than 2,000 Flights
Merz Rebukes AfD Expansion in Saxony-Anhalt
King Charles Confirms Prince Harry and Meghan Will Remain Private Citizens
Labour Selects Former Child Refugee for By-Election in Keir Starmer’s Former Seat
Foreign Private Equity Accelerates Takeovers of London-Listed Industrial Companies
NHS Maternity Care Faces Scrutiny Over Support for Mothers After Caesarean Births
BBC Warns Staff Strikes Are Likely Amid Job Cuts and Programme Cancellations
English Housing Affordability Improves to Best Level in More Than a Decade
UK Health Commission Proposes Framework for Wider AI Adoption Across NHS
Labour Faces Pressure for Wealth Tax Ahead of Autumn Budget
Metropolitan Police Open Criminal Investigation Into Alleged Foreign Donations to Reform UK
UK Police Deploy Riot Officers After Anti-Immigration Unrest in Portsmouth and Dover
UK Defends Sanctions on Israeli Settlements Despite Diplomatic Retaliation
UK Air Traffic Control Failure Cancels More Than 1,000 Flights and Disrupts 65,000 Passengers
Compass Urges £10 Million Wealth Tax and Public Ownership Ahead of UK Autumn Budget
UK Government’s Devolution Plans Face House of Lords Scrutiny
Maldives Seeks New Chagos Sovereignty Talks With UK Prime Minister Andy Burnham
×