Document 1:20-cr-00330

1/26/22, 8:52 PM Case 1:20-cr-00330-RMB - Some Ghislaine Maxwell jurors initially doubted accusers, juror says Page 1 of 4 REUTERS January 5, 2022 - 2:33 PM EST Last Updated 21 days ago United States Some Ghislaine Maxwell jurors initially doubted accusers, juror says By Luc Cohen 4 minute read https://www.reuters.com/world/us/some-ghislaine-maxwell-jurors-initially-doubted-accusers-juror-says-2022-01-05/ 1/16 DOJ-OGR-00009187 --- PAGE BREAK --- 1/26/22, 8:52 PM Case 1:20-cr-00330-RBS Document 615 Filed 01/05/22 Page 1 of 4 1/3 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. REUTERS/Jane Rosenberg NEW YORK, Jan 5 (Reuters) - During jury deliberations after the trial of British socialite Ghislaine Maxwell, some jurors initially doubted the accounts of two of her accusers, one member of the jury said on Tuesday night. This juror, who asked to be identified only by his first and middle names, said some of the jurors had issues with the credibility of witnesses known as Jane and Carolyn, two of the four women who testified that Maxwell set them up with the late financier Jeffrey Epstein as teenagers. He said that after some of the jurors questioned the accuracy of the two women's memories, he decided to share his own experience of being sexually abused as a child. He said that he remembered most important elements of what happened to him, but not every single detail. That swayed some jurors, he said. Register now for FREE unlimited access to Reuters.com Register "When I shared that, they were able to sort of come around on, they were able to come around on the memory aspect of the sexual abuse," Scotty David, a 35-year-old Manhattan resident, told Reuters in a phone interview. He gave an earlier interview to The Independent. He added that coming to a unanimous verdict "wasn't easy, to be honest." "There's a room of 12 people and we all have to be on the same page and we all have to understand what's going on," he said. "And then we have to agree. So that's partly why it took so long." Maxwell, 60, was convicted on Dec. 29 of recruiting and grooming teenage girls for sexual encounters with Epstein. The conviction followed five full days of deliberations. https://www.reuters.com/world/us/some-ghislaine-maxwell-jurors-initially-doubted-accusers-juror-says-2022-01-05/ 2/16 DOJ-OGR-00009188 --- PAGE BREAK --- 1/26/22, 8:52 PM Case 1:20-cr-00330-RBW Ghislaine Maxwell juror says Page 1 of 4 1/3 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. REUTERS/Jane Rosenberg NEW YORK, Jan 5 (Reuters) - During jury deliberations after the trial of British socialite Ghislaine Maxwell, some jurors initially doubted the accounts of two of her accusers, one member of the jury said on Tuesday night. This juror, who asked to be identified only by his first and middle names, said some of the jurors had issues with the credibility of witnesses known as Jane and Carolyn, two of the four women who testified that Maxwell set them up with the late financier Jeffrey Epstein as teenagers. He said that after some of the jurors questioned the accuracy of the two women's memories, he decided to share his own experience of being sexually abused as a child. He said that he remembered most important elements of what happened to him, but not every single detail. That swayed some jurors, he said. Register now for FREE unlimited access to Reuters.com Register "When I shared that, they were able to sort of come around on, they were able to come around on the memory aspect of the sexual abuse," Scotty David, a 35-year-old Manhattan resident, told Reuters in a phone interview. He gave an earlier interview to The Independent. He added that coming to a unanimous verdict "wasn't easy, to be honest." "There's a room of 12 people and we all have to be on the same page and we all have to understand what's going on," he said. "And then we have to agree. So that's partly why it took so long." Maxwell, 60, was convicted on Dec. 29 of recruiting and grooming teenage girls for sexual encounters with Epstein. The conviction followed five full days of deliberations. https://www.reuters.com/world/us/some-ghislaine-maxwell-jurors-initially-doubted-accusers-juror-says-2022-01-05/ 2/16 DOJ-OGR-00009867 --- PAGE BREAK --- Finally, the Government recognizes that the COVID-19 pandemic is - and should be - a relevant factor for the Court and the parties in this case. However, the Bureau of Prisons ("BOP") is taking very significant steps to address that concern, and the defendant has offered no reason why she should be treated any differently from the many defendants who are currently detained at the Metropolitan Detention Center ("MDC") pending trial, including defendants who have medical conditions that place them at heightened risk. Inmates at the MDC are able to assist in their own defense, especially long before trial, through established policies and procedures applicable to every pretrial detainee. This defendant should not be granted the special treatment she requests. The defendant faces a presumption of detention, she has significant assets and foreign ties, she has demonstrated her ability to evade detection, and the victims of the defendant's crimes seek her detention. Because there is no set of conditions short of incarceration that can reasonably assure the defendant's appearance, the Government urges the Court to detain her. ARGUMENT Each of the relevant factors to be considered as to flight risk - the nature and circumstances of the offense, the strength of the evidence, and the history and characteristics of the defendant - weigh strongly in favor of detention, and the defendant's proposed package would do absolutely nothing to mitigate those risks. I. The Defendant's Victims Seek Detention As the Court is aware, pursuant to the Crime Victims' Rights Act ("CVRA"), a crime victim has the right to be reasonably heard at certain public proceedings in the district court, including proceedings involving release. 18 U.S.C. § 3771(a)(4). Consistent with that requirement, the Government has been in contact with victims and their counsel in connection with its application for detention. Counsel for one victim has already conveyed to the Government that --- PAGE BREAK --- 1/26/22, 8:52 PM Case 1:20-cr-00330-RMB Ghislaine Maxwell Juror Initially Doubted Accuser, Juror Says Page 3 of 4 During jury selection, hundreds of prospective jurors were given questionnaires asking, among other things, if they or anyone in their families had experienced sexual abuse, court records show. For those who answered yes, the judge in the case asked during follow-up questioning if it would affect their ability to serve as a fair or impartial juror, the records show. Scotty David said he did not recall being asked about his experience during follow-up questioning, known as voir dire. He said he "flew through" the initial questionnaire and also did not recall being asked on the form about personal experiences with sexual abuse, but that he would have answered honestly. The U.S. Attorney's office in Manhattan wrote a letter to U.S. District Judge Alison Nathan on Wednesday asking her to conduct an inquiry into the juror's description of being a victim of sexual abuse and his responses to the questionnaire, in light of the juror's statements to outlets including Reuters. "While the court instructed jurors that they were free to discuss their jury service with anyone of their choosing, some of the statements, as related in the media, merit attention by the court," the letter read. Maxwell's defense attorneys did not respond to requests for comment about Scotty David's account of the jury deliberations or his responses to questions during jury selection. Jurors were not identified by name during the trial. Scotty David shared with Reuters a photograph of an instruction sheet from the court telling him to return on Nov. 29 for the final day of jury selection. His juror number, which is listed on the sheet, was among the 18 chosen as jurors or alternates. Maxwell's defense lawyers argued that the women's memories had been corrupted over the years and that they were motivated by money to implicate Maxwell. Scotty David said several jurors initially were not sure whether to convict Maxwell on the sex trafficking count, which is backed up by the testimony of a woman named Carolyn who said she was 14 when Epstein began abusing her in 2002. But he said some jurors changed their minds after hearing the personal story of one juror who said she grew up poor. Carolyn said she dropped out of school in seventh grade and was paid $300 - sometimes by Maxwell - each time she gave Epstein an erotic massage. Carolyn said she used the cash to buy drugs. https://www.reuters.com/world/us/some-ghislaine-maxwell-jurors-initially-doubted-accusers-juror-says-2022-01-05/ 3/16 DOJ-OGR-00009189 --- PAGE BREAK --- 1/26/22, 8:52 PM Case 1:20-cr-00330-RMB Ghislaine Maxwell jury initially doubted accuser, juror says Page 3 of 4 During jury selection, hundreds of prospective jurors were given questionnaires asking, among other things, if they or anyone in their families had experienced sexual abuse, court records show. For those who answered yes, the judge in the case asked during follow-up questioning if it would affect their ability to serve as a fair or impartial juror, the records show. Scotty David said he did not recall being asked about his experience during follow-up questioning, known as voir dire. He said he "flew through" the initial questionnaire and also did not recall being asked on the form about personal experiences with sexual abuse, but that he would have answered honestly. The U.S. Attorney's office in Manhattan wrote a letter to U.S. District Judge Alison Nathan on Wednesday asking her to conduct an inquiry into the juror's description of being a victim of sexual abuse and his responses to the questionnaire, in light of the juror's statements to outlets including Reuters. "While the court instructed jurors that they were free to discuss their jury service with anyone of their choosing, some of the statements, as related in the media, merit attention by the court," the letter read. Maxwell's defense attorneys did not respond to requests for comment about Scotty David's account of the jury deliberations or his responses to questions during jury selection. Jurors were not identified by name during the trial. Scotty David shared with Reuters a photograph of an instruction sheet from the court telling him to return on Nov. 29 for the final day of jury selection. His juror number, which is listed on the sheet, was among the 18 chosen as jurors or alternates. Maxwell's defense lawyers argued that the women's memories had been corrupted over the years and that they were motivated by money to implicate Maxwell. Scotty David said several jurors initially were not sure whether to convict Maxwell on the sex trafficking count, which is backed up by the testimony of a woman named Carolyn who said she was 14 when Epstein began abusing her in 2002. But he said some jurors changed their minds after hearing the personal story of one juror who said she grew up poor. Carolyn said she dropped out of school in seventh grade and was paid $300 - sometimes by Maxwell - each time she gave Epstein an erotic massage. Carolyn said she used the cash to buy drugs. https://www.reuters.com/world/us/some-ghislaine-maxwell-jurors-initially-doubted-accusers-juror-says-2022-01-05/ 3/16 DOJ-OGR-00009868 --- PAGE BREAK --- 8/2/2021 Case 1:20-cr-00330 Ghislaine Maxwell District Court Filed 08/02/21 Page 4 of 10 "It's painful, but it's good too; it's healing," Bensky said after the hearing. "After not having a trial for Epstein this will provide closure for the victims." [More New York] Governors Ball dumps DaBaby after homophobic comments » Maxwell has complained about the conditions of her confinement, the start date of her trial and a 2016 meeting between lawyers for Epstein victims and prosecutors. Cited in US v Maxwell 20CR330 Decided 7/30/21 Archived on 8/2/21 This document is protected by copyright. Further reproduction is prohibited without permission. Protestors display an anti-Jeffrey Epstein banner outside Manhattan Federal Court after Ghislaine Maxwell's court appearance Friday, April 23, in Manhattan, New York. (Barry Williams/for New York Daily News) Maxwell says she's being held in solitary confinement in the jail on the Sunset Park waterfront. Jail staff shine a light in her cell every 15 minutes overnight, preventing her from sleeping, she says. The food is often inedible and the water is filthy, her attorneys claim. She claims she's lost weight and her hair is falling out. An MDC staffer allegedly abused her in one encounter, the details of which have not been revealed. https://www.nydailynews.com/new-york/ny-ghislaine-maxwell-arraignment-20210423-b3aza5eh7bddna7r247px2yb7e-story.html 4/10 DOJ-OGR-00004968 --- PAGE BREAK --- 1/26/22, 8:52 PM Case 1:20-cr-00330-RMB Ghislaine Maxwell jury initially doubted accuser, juror says Page 4 of 4 "For Carolyn, it took one of the jurors sharing their story of growing up in the same socioeconomic background," he said. "She grew up poor, and said had there been an Epstein or Ghislaine in her neighborhood, some of the girls would have fallen prey to them as well." Scotty David said he was skeptical of the defense's argument that Maxwell was being treated as a scapegoat for Epstein, who died by suicide at age 66 in a Manhattan jail cell while awaiting trial on sex abuse charges. "She participated, she was complicit, she did nothing to stop it," he said. Register now for FREE unlimited access to Reuters.com Register Reporting by Luc Cohen in New York Editing by Noeleen Walder and Amy Stevens Our Standards: The Thomson Reuters Trust Principles. More from Reuters RFK Jr. 'sorry' for Anne Frank reference at rally Conservative SCOTUS plunges into culture wars Biden caught on hot mic: 'Stupid son of a bitch' Sarah Palin set to battle NYT at defamation trial African Americans vote as much as 'Americans' -McConnell Read Next United States U.S. judge keeps Oath Keepers founder Rhodes in jail ahead of sedition trial https://www.reuters.com/world/us/some-ghislaine-maxwell-jurors-initially-doubted-accusers-juror-says-2022-01-05/ 4/16 DOJ-OGR-00009869 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 161 Filed 02/24/22 Page 20 of 117 A-5835 C2grdau4 378 1 Finally, in the past I asked the parties to brief what 2 they believed might occur depending upon various rulings by the 3 Court. It seems to me that one scenario was left out. You are 4 not to conclude from this request that this is the Court's 5 thinking, but I want to receive briefing on the following 6 question. 7 If this Court were to grant the defendants' motion for 8 a new trial and also conclude that the defendant Parse had 9 waived, what would be the shake-out of that in terms of Parse's 10 ability to take that issue to the Court of Appeals at the same 11 time that the government would be taking the underlying issue 12 on motion for a new trial to the Court of Appeals, as is the 13 government's right under a specific statute? I have 14 preliminarily looked at the matter, but I'd appreciate your 15 wisdom on the question. 16 Are there any other issues that counsel want to raise? 17 Mr. Shechtman? 18 MR. SHECHTMAN: Can I try to sharpen that last 19 question? 20 THE COURT: Go ahead, certainly. 21 MR. SHECHTMAN: I take it the notion would be could 22 Mr. Parse take that appeal interlocutorily before sentencing? 23 THE COURT: Bingo. 24 MR. SHECHTMAN: The after one is easy. So it's really 25 an interlocutory. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009439 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 1616-1 Filed 02/24/22 Page 58 of 117 [PAGES A-5874 TO A-5902 INTENTIONALLY LEFT BLANK] DOJ-OGR-00009478 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 161 Filed 02/24/22 Page 63 of 117 A-5904 CAC3PARC 2 1 (In open court) 2 THE DEPUTY CLERK: Case of United States of America v. 3 David Parse. Appearances for the government? 4 MS. DAVIS: Good afternoon, your Honor. Nanette Davis 5 and Stanley J. Okula, Jr. for the government. 6 THE COURT: Good afternoon, Ms. Davis. 7 MR. SHECHTMAN: Paul Shechtman for Mr. Parse. Ali 8 Feingold who is a paralegal who has worked on this matter is 9 with me, and obviously Mr. Parse is here. 10 THE COURT: Good afternoon, Mr. Shechtman. And I note 11 the presence of Mr. Parse at counsel table. 12 This is oral argument on the defendant Parse's motion 13 for a new trial. Do you wish to be heard, Mr. Shechtman? 14 MR. SHECHTMAN: I do, your Honor. As your Honor now 15 knows and from the papers, there is only one issue here which 16 is a question of ineffective assistance of counsel. 17 THE COURT: If you can just pull the mike a little 18 closer. It has been a long week. 19 MR. SHECHTMAN: I understand. I think for all of us. 20 Justice O'Connor once said that Strickland was the 21 most cited case that she ever wrote, and I say that because I 22 assume the Court is quite familiar with it and the legal 23 standard. And obviously the standard is two part. 24 I would like to think, though, I may be proven wrong, 25 that if we get to prejudice, we should prevail. But we can SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009480 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 161 Filed 02/24/22 Page 65 of 117 A-5908 6 CAC3PARC 1 themselves we could just tell the judge. 2 Strickland talks about counsel has a duty to make 3 reasonable investigations or make a reasonable decision that 4 makes particular investigation unnecessary. And if ever there 5 was a reason either to investigate more, to unleash the 6 Nardello firm, or, I say this respectfully, unleash the Court. 7 Because as crazy as this woman was, I've always thought if your 8 Honor brought her out and said are you the same person, I'm not 9 sure her lying would have gone that far. You may disagree with 10 me on that, but I think she would have had trouble there. 11 But nobody does it. And nobody does it not because 12 they were playing a strategic game that they were out to 13 sandbag a court or they were out to get an acquittal. They 14 didn't do it because, to use the Second Circuit's word, it was 15 an oversight, it was careless, it was inept. And if I'm right 16 about that, then I think one has met the first prong here, and 17 then the question becomes prejudice. 18 And I can talk more, your Honor, the government 19 doesn't argue sandbagging. I can talk more about why I think 20 this wasn't -- look, I've read the Court's opinion, I think 21 only seven times. And I know that the Court at the end of it 22 talks about gambling. But, I don't think the Court is making 23 findings in that opinion that there was a great strategy going 24 on in that court. I think your Honor's findings are that these 25 people really dropped the ball, and they failed to do what they SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009484 --- PAGE BREAK --- Case 1:20-cr-00330 Document 616 Filed 02/24/22 Page 100 of 130 A-5785 328 C2GFDAU3 Edelstein 1 which was the information that we had and Ms. Conrad had 2 unambiguously stated that she had a BA in English literature, 3 that that was her highest level of education, that she was a 4 stay-at-home wife, and I assumed that Ms. Conrad was telling 5 the truth when she responded on voir dire. 6 It just was inconceivable to me that she was the same 7 person. I wasn't thinking about middle initials. I know that 8 in hindsight we now know that they're the same person and that 9 they have the same middle initial, but at the time I had no 10 idea that Juror No. 1's middle initial was M. 11 Q. Theresa Trzaskoma didn't tell you that the report that she 12 had seen on either e-mail or otherwise had the middle initial 13 with M. for Catherine M. Conrad, the suspended New York 14 attorney? 15 A. Ms. Trzaskoma did not mention any report. 16 Q. Did Ms. Trzaskoma mention to you the Westlaw printout that 17 she had seen that had various biographical information for 18 someone named Catherine M. Conrad? 19 A. No. 20 Q. Did you ask Ms. Trzaskoma for any of the underlying 21 documents that led to her belief that Juror No. 1 may be the 22 same Catherine M. Conrad who was a suspended New York attorney? 23 Yes or no, did you ask for any documents? 24 A. I did not ask for any documents, no. 25 Q. How long did this conversation between you and Ms. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009389 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 161 Filed 02/24/22 Page 317 of 130 A-5716 C2GFDAU1 Brune - direct 259 1 A. She wasn't there every day. That was someone else we shared with Kramer Levin. But when it came to the jury addresses, she was there, because she was the person who made the graphics. 5 Q. And who was that someone else that you just referenced? 6 A. I'm blacking on her name. 7 Q. Does Donna Kane ring a bell? 8 A. Yes, Donna Kane. 9 Q. She was with a firm called Decision Quest, is that right? 10 A. That's correct. 11 Q. You made sure your team had courtroom access to e-mails and internet here in the courtroom, right? 12 13 A. I think Ms. Trzaskoma handled it, but yes, we made those arrangements. 15 Q. So you had from voir dire forward access to the internet, correct? 16 17 A. That's right. 18 Q. Your e-mails, correct? 19 A. I didn't have a computer and I tried very hard not to look at my BlackBerry other than far from the courtroom, but those on our team, I think both Lori Edelstein and Theresa Trzaskoma, had laptops and access to e-mails in court. 23 Q. And you had that same access during jury deliberations? 24 A. Yes. 25 Q. And in fact SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009320