Epstein Project

610.pdf

Type
pdf
Source set
house-oversight-doj
Pages
3
Text status
Searchable text available
OCR confidence
0.9368419394329582

Original source

Extracted text

Case 1:20-cr-00330-PAE Document610 _ Filed 02/24/22 Pagelof3 UNITED STATES DISTRICT COURT pirmaclaed SOUTHERN DISTRICT OF NEW YORK pi eercHmcatiien tn DOC #: DATE FILED: 2/24/22     United States of America, _y_ 20-CR-330 (AJN) Ghislaine Maxwell, ORDER Defendant.   ALISON J. NATHAN, District Judge: On January 19, 2022, the Defendant filed a motion for a new trial pursuant to Federal Rule of Criminal Procedure 33 on the basis that Juror 50 “falsely answered a material question during voir dire and . . . that, had he answered truthfully, he would have been subject to a challenge for cause.” Maxwell Br., Jan. 19, 2022, at 48. The Defendant contends that the current paper record sufficiently supports her motion and should be granted without a hearing. In the alternative, she requests that a hearing be conducted. Jd. She also argues that if a hearing is ordered, a broader hearing is required based on a news article that suggests a second juror was allegedly a victim of sexual abuse. /d. at 48—49. In an Opinion & Order filed under temporary seal, the Court DENIES the Defendant’s motion for a new trial on the current record. As explained in the temporarily sealed Opinion & Order, Defendant’s motion on the current record relies extensively on statements made by Juror 50 regarding what occurred during jury deliberations that the Court is prohibited from considering under Federal Rule of Evidence 606. With regard to Juror 50’s statements that do not pertain to jury deliberations, in order to resolve the motion on this record, the Court would have to accept unsworn statements made to media outlets as true and reach factual determinations that are not available on the current record. 1 DOJ-OGR-00008993 

Case 1:20-cr-00330-PAE Document610 _ Filed 02/24/22 Page2of3 Accordingly, for the reasons fully explained in the Opinion & Order, a hearing is necessary to resolve the Defendant’s motion. Because of the important interest in the finality of judgments, the standard for obtaining…

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