Maxwell juror’s sexual abuse revelation could lead to a retrial

GHISLAINE MAXWELL could file for a mistrial after one of the jurors in her sex-trafficking trial revealed he was a victim of childhood sexual abuse, legal experts told The Daily Telegraph.

Speaking for the first time since Maxwell was found guilty of enticing minors to be abused, a juror described himself as a survivor of sexual abuse and indicated that this had informed his decision.

If it was not disclosed in the questionnaire jurors were made to fill out before selection, this “could definitely be an issue”, said Moira Penza, a former federal prosecutor in New York. “I certainly hope the juror disclosed this fully on his questionnaire. A little strange the defence didn’t strike him.

“In the first instance it would likely form the basis for a motion … for a new trial,” she said.

Question 48 in the questionnaire asks: “Have you or a friend or family member ever been the victim of sexual harassment, sexual abuse, or sexual assault? (This includes actual or attempted sexual assault or other unwanted sexual advance, including by a stranger, acquaintance, supervisor, teacher, or family member.)”

Questions 48b adds: “If your answer to 48 was yes, do you believe that this would affect your ability to serve fairly and impartially as a juror in this case?”

A source close to the Maxwell family described the interview as “very interesting”. They have already declared their intention to appeal but have not laid out their legal grounds. A judge may declare a mistrial in a criminal case for several reasons, including lack of jurisdiction and incorrect jury selection, a new trial may then be heard.

The US legal system allows the prosecution and defence teams to veto jury candidates. When selecting 12 primary jurors, Maxwell’s team had 10 challenges and the prosecution six.

One potential juror was dismissed during the judge’s questioning, known as voir dire, after she told the court she informed her sister’s school of alleged sexual abuse her sister had suffered at the hands of a teacher.

Unlike in the UK, jurors in the US are permitted to speak to the media after they have reached their verdict and have been dismissed.

Juror “Scotty David”, who used his real first and middle name but declined to give his surname, told Lucia Osborne-crowley, of legal website Law360, that he believed Maxwell’s four accusers.

“I know what happened when I was sexually abused. I remember the colour of the carpet, the walls. Some of it can be replayed like a video,” he said.

“But I can’t remember all the details, there are some things that run together.”

He told fellow jurors that, like the victims in the case, he did not disclose his abuse until later, in his case, secondary school.

David said he believed this helped the jury understand the victims’ delayed reporting.

Maxwell, 60, is facing up to 65 years in prison after being found guilty on five of her six charges. An independent investigator will compile a wide-ranging report into her background before she appears in court to be sentenced.

‘If it was not disclosed in the questionnaire the jurors were made to fill out, this could definitely be an issue’