(PresidentialInsider.com)- Last week, Ghislaine Maxwell’s legal team formally applied for a mistrial after a juror, who failed to disclose his own childhood sexual abuse during jury selection, admitted he used that personal history to sway deliberations and advocate for conviction.
And according to attorney Barry Salzman, who represented twenty of Epstein’s victims, the juror’s failure to disclose past sexual abuse may not be enough to get a retrial.
Salzman conceded that the 6th Amendment gives Maxwell the right to an impartial jury and the juror’s post-trial admission does raise serious concerns. Salzman told Newsweek it isn’t just that the juror didn’t answer an important, relevant question. It’s the fact that he admitted using his past experience to advocate for conviction.
However, Salzman said, because the bar for a mistrial is so high, he believes that still isn’t enough to overturn the conviction.
Salzman said the judge will have to be convinced that the juror omitted the details intentionally as a way to mislead the court. And so far, that has not been determined.
Salzman said if Judge Nathan finds that the juror’s actions were inadvertent, the conviction won’t be overturned. The juror would have to assure the court that he was impartial and he overlooked that question of past child sexual abuse accidentally.
The court is expected to respond to the request for a retrial on February 2.
If the motion is successful, Maxwell would get a second chance to defend herself in court with a new jury.
However, it would also mean that the victims who testified in Maxwell’s first trial will have to go through it all again in a new trial.
However, Salzman believes that having to testify again will not shake the resolve of the four victims. He told Newsweek that they are “very brave, strong women” who, after going to these lengths to get justice are not going to back down if Maxwell gets a new trial.
Earlier this week, the New York Post reported at least one of the four victims who testified against Maxwell has indicated that she is unlikely to testify again should Maxwell gain a retrial.