DOJ-OGR-00008993.pdf

--- Page 1 --- **Document Header:** * UNITED STATES DISTRICT COURT * SOUTHERN DISTRICT OF NEW YORK **Case Information:** * Case 1:20-cr-00330-PAE * Document 610 * Filed 02/24/22 * Page 1 of 3 **Court Information:** * UNITED STATES DISTRICT COURT * SOUTHERN DISTRICT OF NEW YORK **Case Number:** * Case 1:20-cr-00330-PAE **Document Number:** * Document 610 **Filing Date:** * Filed 02/24/22 **Page Number:** * Page 1 of 3 **Judge's Name:** * ALISON J. NATHAN, District Judge **Defendant's Name:** * Ghislaine Maxwell **Defendant's Title:** * Defendant **Motion Information:** * 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. **Judge's Statement:** * The Defendant contends that the court paper record sufficiently supports her motion and should be granted without a hearing. **Alternative Request:** * In the alternative, she requests that a hearing be conducted. **Hearing Request:** * Id. 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. Id. at 48–49. **Order Denial:** * In an Opinion & Order filed under temporary seal, the Court DENIES the Defendant's motion for a new trial on the current record. **Temporary Seal:** * 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. **Prohibition:** * 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 unworn statements made to media outlets as true and reach factual determinations that are not available on the current record. **End of Document:** * DOJ-OGR-00008993