mirror-epstein-docs/results/IMAGES004/DOJ-OGR-00009196.json

{
  "document_metadata": {
    "page_number": "6",
    "document_number": "616",
    "date": "02/24/22",
    "document_type": "court document",
    "has_handwriting": false,
    "has_stamps": false
  },
  "full_text": "Case 1:20-cr-00330-PAE Document 616 Filed 02/24/22 Page 6 of 32 Ghislaine Maxwell submits this reply in support of her motion under Federal Rule of Criminal Procedure 33 for a new trial. Introduction Ms. Maxwell \"was entitled to be tried by 12, not 9 or even 10, impartial and unprejudiced jurors.\" Parker v. Gladden, 385 U.S. 363, 366 (1966). That did not happen. Juror No. 50's presence on the jury deprived Ms. Maxwell of the fair and impartial jury the due process and the Sixth Amendment guarantee. U.S. Const. amends. V, VI.1 \"[T]he seating of any juror who should have been dismissed for cause . . . require[s] reversal.\" United States v. Martinez-Salazar, 528 U.S. 304, 316 (2000). The government's response to this suffers from two fundamental errors. The first is to insist that a new trial is required only if Juror No. 50 was \"dishonest\" by \"deliberately\" providing false answers to Questions 25 and 48. That is not the law. Neither the United States Supreme Court nor the Second Circuit requires a showing of a \"deliberate falsehood.\" United States v. Stewart, 433 F.3d 273, 303 (2d Cir. 2006) (applying McDonough Power Equip. v. Greenwood, 464 U.S. 548 (1984) and holding that the requirement of a fair and impartial jury is \"reflected in the McDonough standard for analyzing allegations that a juror's false voir dire concealed bias that affected the fairness of the trial: a party alleging unfairness based on undisclosed juror bias must demonstrate first, that the juror's voir dire response was false and second, that the correct 1 It appears that, at best, Ms. Maxwell had 10 fair and impartial jurors, not the 12 guaranteed her by the United States Constitution. We know at least one other juror in addition to Juror No. 50 falsely denied having been a victim of sexual abuse or assault. Although this Court need not hold a hearing since the record already establishes that Ms. Maxwell was deprived of her Sixth Amendment right to trial by an impartial jury, any such hearing must also serve to identify this other juror. Such a hearing likely would also show that Juror No. 50 was actually biased, in addition to being impliedly and inferably biased. 1 DOJ-OGR-00009196",
  "text_blocks": [
    {
      "type": "printed",
      "content": "Case 1:20-cr-00330-PAE Document 616 Filed 02/24/22 Page 6 of 32",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "Ghislaine Maxwell submits this reply in support of her motion under Federal Rule of Criminal Procedure 33 for a new trial.",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "Introduction",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "Ms. Maxwell \"was entitled to be tried by 12, not 9 or even 10, impartial and unprejudiced jurors.\" Parker v. Gladden, 385 U.S. 363, 366 (1966). That did not happen. Juror No. 50's presence on the jury deprived Ms. Maxwell of the fair and impartial jury the due process and the Sixth Amendment guarantee. U.S. Const. amends. V, VI.1 \"[T]he seating of any juror who should have been dismissed for cause . . . require[s] reversal.\" United States v. Martinez-Salazar, 528 U.S. 304, 316 (2000).",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "The government's response to this suffers from two fundamental errors. The first is to insist that a new trial is required only if Juror No. 50 was \"dishonest\" by \"deliberately\" providing false answers to Questions 25 and 48. That is not the law. Neither the United States Supreme Court nor the Second Circuit requires a showing of a \"deliberate falsehood.\" United States v. Stewart, 433 F.3d 273, 303 (2d Cir. 2006) (applying McDonough Power Equip. v. Greenwood, 464 U.S. 548 (1984) and holding that the requirement of a fair and impartial jury is \"reflected in the McDonough standard for analyzing allegations that a juror's false voir dire concealed bias that affected the fairness of the trial: a party alleging unfairness based on undisclosed juror bias must demonstrate first, that the juror's voir dire response was false and second, that the correct",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "1 It appears that, at best, Ms. Maxwell had 10 fair and impartial jurors, not the 12 guaranteed her by the United States Constitution. We know at least one other juror in addition to Juror No. 50 falsely denied having been a victim of sexual abuse or assault. Although this Court need not hold a hearing since the record already establishes that Ms. Maxwell was deprived of her Sixth Amendment right to trial by an impartial jury, any such hearing must also serve to identify this other juror. Such a hearing likely would also show that Juror No. 50 was actually biased, in addition to being impliedly and inferably biased.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "1",
      "position": "footer"
    },
    {
      "type": "printed",
      "content": "DOJ-OGR-00009196",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [
      "Ghislaine Maxwell"
    ],
    "organizations": [
      "United States Supreme Court",
      "Second Circuit"
    ],
    "locations": [],
    "dates": [
      "02/24/22",
      "1966",
      "2000",
      "2006",
      "1984"
    ],
    "reference_numbers": [
      "Case 1:20-cr-00330-PAE",
      "Document 616"
    ]
  },
  "additional_notes": "The document appears to be a court filing related to Ghislaine Maxwell's trial. The text is printed and there are no visible stamps or handwritten notes. The document is page 6 of 32."
}