London Daily

Focus on the big picture.
Wednesday, May 13, 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
The Great Western Exit: Why Best Citizens Are Fleeing the Rich World [PODCAST]
The New Robber Barons of Intelligence: Are AI Bosses More Powerful Than Rockefeller?
The End of the Old Order [Podcast]
Britain’s Democracy Is Now a Costume
The AI Gold Rush Is Coming for America’s Last Open Spaces [Podcast]
The Pentagon’s AI Squeeze: Eight Tech Giants Get In, Anthropic Gets Shut Out [Podcast]
The War Map: Professor Jiang’s Dark Theory of Iran, Trump, China, Russia, Israel, and the Coming Global Shock [Podcast]
Labour Is No Longer a National Party [Podcast]
AI Isn’t Stealing Your Job. It’s Dismantling It Piece by Piece.
Lawyers vs Engineers: Why China Builds While America Litigates [Podcast]
Churchill’s Glass: The Drunk, the Doctor, and the Myth Britain Refuses to Sober Up From
Apple issues an unusual warning: this is how your iPhone can be hacked without you doing anything
Kennedy’s Quiet War on Antidepressants Sparks Alarm Across America’s Medical Establishment
The Met Gala Meets the Age of Billionaire Backlash
Russian Oligarch’s Superyacht Crosses Hormuz via Iran-Controlled Route
Gunfire Disrupts White House Correspondents’ Dinner as Trump Is Evacuated
A Leak, a King, and a Fracturing Alliance
Inside the Gates Foundation Turmoil: Layoffs, Scrutiny, and the Cost of Reputational Risk
UK Biobank Breach Exposes Health Data of 500,000, Listed for Sale on Chinese Platform
KPMG Cuts Around 10% of US Audit Partners After Failed Exit Push
French Police Probe Suspected Weather-Data Tampering After Unusual Polymarket Bets on Paris Temperatures
CATL Unveils Revolutionary EV Battery Tech: 1000 km Range and 7-Minute Charging Ahead of Beijing Auto Show
Crypto Scammers Capitalize on Maritime Chaos Near the Strait of Hormuz: A Rising Threat to Shipping Companies
Changi Airport: How Singapore Engineered the World’s Most Efficient Travel Experience
Power Dynamics: Apple’s Leadership Shakeup, Geopolitical Risks in the Strait of Hormuz, and Europe's Energy Strategy Amidst Global Challenges
Apple's Leadership Transition: Can New CEO John Ternus Navigate AI Challenges and Geopolitical Pressures?
Italy’s €100K Tax Gambit: Europe’s Soft Power Tax Haven
News Roundup
Microsoft lost 2.5 millions users (French government) to Linux
Privacy Problems in Microsoft Windows OS
News roundup
Péter András Magyar and the Strategic Reset of Hungary
Hungary After the Landslide — A Strategic Reset in Europe
Meghan Markle Plans Exclusive Women-Focused Retreat During Australia Visit
Starmer and Trump Hold Strategic Talks on Securing Strait of Hormuz Amid Rising Tensions
Unofficial Australia Visit by Prince Harry and Meghan Expected to Stir Tensions with Royal Circles
Pipeline Attack Cuts Significant Share of Saudi Arabia’s Oil Export Capacity
UK Stocks Rise on Ceasefire Momentum and Renewed Focus on Diplomacy
UK to Hold Further Strategic Talks on Strait of Hormuz Security
Starmer Voices Frustration as Global Tensions Drive Up UK Energy Costs
UK Students Voice Concern Over Proposal for Automatic Military Draft Registration
Rising Volatility Drives Uncertainty in UK Fuel and Petrol Prices
UK Moves to Deploy ‘Skyhammer’ Anti-Drone System to Strengthen Airspace Defense
New Analysis Explores UK Budget Mechanics in ‘Behind the Blue’ Feature
Man Arrested After Four Die in Channel Crossing Tragedy
UK Tightens Immigration Framework with New Sponsor Rules and Fee Increases
UK Foreign Secretary Highlights Impact of Intensified Strikes in Lebanon
UK Urges Inclusion of Lebanon in US-Iran Ceasefire Framework
UK Stocks Ease as Ceasefire Doubts in Middle East Weigh on Investor Confidence
UK Reassesses Cloud Strategy Amid Criticism Over Limited Support Measures
×