The jury is currently in deliberations for the Ghislaine Maxwell trial. Maxwell is officially charged with six counts -- Count 1: conspiracy to entice a minor to travel to engage in illegal sex acts, which carries a maximum sentence of 5 years; Count 2: enticing a minor to travel to engage in illegal sex acts, which carries a maximum sentence of 5 years; Count 3: conspiracy to transport a minor with the intent to engage in criminal sexual activity, which carries a maximum sentence of 5 years'; Count 4: transporting a minor with the intent to engage in criminal sexual activity, carries a maximum sentence of 10 years; Count 5: conspiracy to commit sex trafficking of minors, which carries a statutory maximum of five years in prison; and Count 6: sex trafficking of minors, which carries a statutory maximum of 40 years in prison.
For a more detailed analysis of the court proceedings Monday, December 20th, please check out our broadcast here and article h
ere which included the Closing Arguments from both the Government and the Defense, the Judge’s instructions to the jury, and the final charging document.
As it is very well known at this point, media coverage of this trial has been extremely limited. However -- after reading through the Day 1 and Day 2 transcripts, we found out Judge Nathan mentioned rooms in the courthouse that were specifically made available to members of the public, media included. She also mentioned these rooms were nowhere near full and have room for more viewers. Despite these accommodations, we continue to see the same headlines regurgitated across the internet without any real unique details being reported – with the exception of course of the incredible coverage we see from @InnerCityPress on Twitter. On top of his daily coverage, Matt from @InnerCityPress has also made many requests for a call-in line and public access to sealed documents. These requests have been sent into the court but they have not yet been addressed at this time. We continue to see documents uploaded to CourtListener.com; motions filed by the Government or the Defense, and correspondence between the Court and the parties, but still no mention of these requests even being received. Judge Nathan did mention that while she may receive documents; she only publishes those she rules on.
The jury began deliberating on Monday afternoon and continued for their first full day on Tuesday, December 21st. They are now in their second full deliberations today (Wednesday, December 22nd) and yesterday the Judge said the jury could also have Thursday if they still need more time to reach a verdict. Originally, court was not going to be held Thursday, December 23rd or Friday, December 24th because of the Christmas holiday.
Below you will find excerpts of dialogue throughout these deliberations.
TUESDAY, 12/21/2021
Judge Nathan (took to the bench at 10:10 am): I've gotten a note. The jury wants the transcripts of the testimony of Jane, Annie and Carolyn. It will be assembled and sent to them via the Court Security Officer, who's been sworn in for this function.
@HiraethResists on Twitter asked, “Any way you can give us a timed verdict watch? How long have they been deliberating? TIA”
@InnerCityPress responded, “It's an inexact science - the jury went to their deliberation room for an hour yesterday, but I'm not sure that should really be called deliberation. Today, three hours so far, and clearly deliberating - they're request the testimony of three witnesses”
@BadJohnBrown on Twitter commented, “Redactions can be something as simple as not exposing somebody's social security number to the public. It really depends what and why something is being redacted. The sides can argue over what is or should be redacted.”
@InnerCityPress replied, “No question some redactions are legit. But it should not only be up to the sides or parties to agree what to withhold from the public, esp in cases like here in which both sides want to exclude the public.”
NOTE [Courtroom is empty again; three long transcripts going back to jury. As of 11 am, current status in Courtroom 318: empty, but sitting at defense table are Maxwell's official lawyer Bobbi Sternheim and unofficial / undocketed lawyer or photo-fixer Leah Saffian]
NOTE [Update at 12:55 pm - still no prosecutors at their table, now 2 (or 3, counting Saffian) Maxwell counsel at theirs, no more notes from jury.]
NOTE [Update of 1:22 pm - they have brought Ghislaine Maxwell out to the defense table. The other, listed counsel scatter and Gislaine is talking one on one with Leah Saffian. No In-N-Out Burger photo can be taken in the courtroom. But something is afoot.]
NOTE [Just to tamp down expectation from this "afoot-ness" --Maxwell has been taken back in the holding cell. The burst of action, sources neither prosecution or defense say, was to agree on redactions on the testimony to be given to the jury (sidebars out, etc.)]
NOTE [Update of 2:51 pm - Courtroom 318 is populating again; word is, there is a jury note. Ghislaine Maxwell has been brought out again.]
Judge Nathan: I have a note. "We would like the FBI deposition 3505-005 referred to by the defense."
AUSA: That is not in evidence.
Maxwell's lawyer: There is impeachment [of Carolyn] in that document, although we acknowledge it is not in evidence. So we proposed not saying, It is not in evidence.
Judge Nathan: How about, All admitted exhibits are before you?
AUSA: Fine.
Maxwell's lawyer: Why not say, You have the admitted evidence about 3505-005. Just don't say it is not in evidence.
Judge Nathan: They are asking for the document, I presume because they have the testimony about it. [Pauses to write something out by hand]
Judge Nathan: It is not an exhibit, the testimony about it, you have. I'll just send in a note for efficiency. I'll say: "3505-005 is not an admitted exhibit but the testimony about it," you have.
NOTE [Agreed. All rise!]
Maxwell's lawyers wanted Judge Nathan to come back, and she has. Maxwell's lawyer wants a copy of the note.
Judge Nathan: The foreperson has signed the note. So we have to redact it. So I will just read it to you again.
Judge Nathan: Counsel are aware of the identity of the jurors. So I'll just redact it as to the public.
NOTE [Now 4:06 pm]
Judge Nathan: I have received a note. The jurors say they want to end today at 5 pm, deliberate tomorrow from 9 to 4:30 & have lunch at noon.
Judge Nathan: It is possible for them to deliberate on Thursday
Maxwell's lawyer, Sternheim: Will you offer then Thursday, so they can make arrangement?
Judge Nathan: We could tell them that.
NOTE [If memory serves, the defense did not want the deliberations to take place under the deadline of Christmas. Now, they seem to like it]
[Update of 4:30 pm]
Jury has another note / question: Can we consider Annie's testimony conspiracy to commit a crime in Counts 1 and 3?
AUSA: Say yes.
Maxwell's lawyer: If someone asks, can I drive, you could answer, Yes but within the speed limit.
Judge Nathan: I'm going to answer, Yes you may. Please been back at 4:55 so we can let the jurors go at 5 pm.
@RonaldRichards on Twitter commented, “that was not a great question for the defense.”
@InnerCityPress replied, “And the defense lost out on how Judge Nathan would respond to it. They might have suggested, It's all in the charge I read you. Instead, Judge Nathan told the jury, Yes you may [use Annie Farmer testimony to convict for conspiracy]”
NOTE [And here is a photo - screenshot - of the Count 1 and 3 the jury asked about, if they can use Annie's testimony to confirm under these counts (A: Yes, you may)]
Jury entering!
Judge Nathan: The timing tomorrow is fine, give Ms. Williams your lunch order on the way out. If you have not completed your deliberations it's possible for you to continue your deliberation on Dec 23. And, wear your masks except eating or drinking
Jury leaves.
Judge Nathan: So did you finally finish agreeing on the redactions to the transcript?
AUSA: Yes. Judge Nathan: It was frustrating to have them wait for 3 hours. Adjourned.
WEDNESDAY, 12/22/2021
@InnercityPress on Twitter, “Programming note: Inner City Press is on alert for any US v. #GhislaineMaxwell jury notes &, of course, any verdict. But there's been radio silence from the jury today as they deliberate.”
@kevinhiggins on Twitter asked, “Any Update on Ghislaines Trial?”
@InnerCityPress replied, “I wish. I have been here since 9 am, like the jury. But they have not passed a single note, in five 1/2 hours, to Judge Nathan asking for more information. There's a range of speculation, but not movement at all. I remain on alert - watch this feed.”
@sweet_psycho69 on Twitter asked, “Do we know what day this witch will hopefully be sent to prision.”
@InnerCityPress replied, “There's no sentence date unless and until there is a guilty verdict. While I'd rather be live tweeting jury notes & arguments than be speculating, during this lull I've mulled whether, *if* there were a mistrial, Ghislaine Maxwell might ask for bail.”
NOTE [Judge Nathan just took the bench after 6+ hours. She says she will send in a note asking the jurors if they want to come in and deliberate more tomorrow Dec 23.]
NOTE [Ghislaine Maxwell has been brought out to the courtroom and is sitting at the defense table. Her official lawyer Bobbi Sternheim is back speaking to the front row of the gallery - where Leah Saffian is]
Jury has a note: "May we please have the following testimonies in a binder: Kate. Jane ("something else written next to it,")
Judge Nathan says, I don't know if they are asking for another copy
NOTE [Judge Nathan says something has been crossed out on the note. Lawyers laugh.]
Judge Nathan: I guess they are asking for another copy (of Jane). Also, they want Kate & Juan" (Alessi)
Judge Nathan: I believe the response (about deliberating tomorrow Dec 23) is coming
NOTE [Yesterday the jury asked for testimony of Jane, Annie and Carolyn - and not Kate. Today, Kate and Juan Alessi.]
Judge Nathan: So I'll see everyone at 4:25 (the jury wants to leave at 4:30, and not deliberate tomorrow)
Judge Nathan: The response (on deliberating tomorrow) is No, thank you.
NOTE [So the break will be for four days]
Now 4:25 pm.
Judge Nathan: Bring in the jurors.
All rise!
Judge Nathan: Please be seated. Alright. You declined my invitation to deliberate tomorrow. We will resume Monday at 9 am. Same instructions. Please stay safe over the long weekend. I need all of you here and healthy on Monday.
Judge Nathan: The court is going to announce new restrictions on Monday, N-95 masks to get into the courthouse. Over the weekend, no consumption of any media of any kind. If any issues arise, regarding COVID contact Ms. Williams. Happy holiday.
Judge Nathan: (to lawyers) - Anything? No. The masking rules will come out - we'll have supplies. I need most of you back here on Monday. See you Monday.