Saturday, December 18, 2021

After Maxwell Trial Charging Conference AUSA Comey Writes on Felony of Survivor Carolyn, Quiet on Kellen

 

By Matthew Russell Lee Patreon Song Video Ruling
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SDNY COURTHOUSE, Dec 18 – Ghislaine Maxwell, charged with sex trafficking and other charges, is amid a trial that started on November 29,  after the November 23 final-final pre trial conference, vlog here.

  On October 29 and again on November 12 Maxell  and the US Attorney's Office for the Southern District of New York filed a flurry of motions in limine, heavily redacted; the Government argued that trial exhibits are not public and will be withheld. Inner City Press opposed and opposes the continued secrecy. And see DC op-ed here.

 On December 16, after a three day hiatus as Judge Nathan went to DC seeking 2d Circuit seat, Maxwell's defense began, with her executive assistant Cimerly Espinosa. Inner City Press live tweeted here, 8:45 am live stream here, podcast here

 On the afternoon of December 17, the defense rested, and Ghislaine Maxwell said there was no reason for her to testify because, she said, the government had not proved its case beyond a reasonable doubt, after Eva Dubin. Inner City Press live tweeted herepodcast here, midday live stream here

On Saturday December 18 Judge Nathan held the charging conference, at which references to "the defendant" were changed to a more Lady-like "Ms. Maxwell" and foreign travel and the word "minor" were dropped and replaced. Inner City Press live tweeted here, and below, pre-conference live stream here, podcast here

After the conference, AUSA Maurene Comey wrote to Judge Nathan to make two points: that the felony convictions of Carolyn and her ex-boyfriend Shawn should not be highlighted, and nor should the issue of the defense not calling witnesses like Epstein helper Sarah Kellen because the defense can't offer immunity. Full letter on Patreon here.

The charging conference: OK - in US v. #GhislaineMaxwell, it's the Saturday "charging conference" to argue how the jury will be instructed before they deliberate on Maxwell's fate.

 Judge Nathan: I have distributed my draft charge. Now we will discuss it. Maxwell's lawyer Everdell: We say foreign commerce should be excluded. There's no evidence in the record about Ms. Maxwell enticing Virginia Roberts, only of Roberts enticing Carolyn.

AUSA: We're OK with removing foreign commerce from Counts 1-4. [Note: Ghislaine Maxwell is here, sitting in the corner as ever with two (female) U.S. Marshals behind her, today in g[reen] sweater.]

 Judge Nathan: Mr. Everdell, help me find each "foreign commerce."

Everdell: We want it to say that Count 4 relates solely to Jane. With respect to Kate, there was no violation of New York law - she was above the age of consent. And Annie, whatever she may be claiming in New Mexico, there was no violation of law. So only Jane ]

Maxwell's lawyer Everdell: Annie and Kate are not victims of this conspiracy. Judge Nathan: That's why there was a different limiting instruction. Everdell: Traveling from Arizona to New Mexico did not have its object violating New York law.

 AUSA: You're conflating the conspiracy and the substantive counts. Judge Nathan: The [defense] objection is overruled. Page 15 adding "solely" between "relates" and the world "to." That is, "relates SOLELY to" Jane.

 Everdell: Page 16, line 2 - also change that. Judge Nathan: I will. Everdell: Let's take out the word "minor," it creates a lot of ambiguity.

Judge Nathan: let's say, "individuals under the age of 18." [Visual update: upon further reflecting, Maxwell's sweater may be green. Her brother in the front row of the gallery takes down his mask, takes swig of bottled water]

 [Update: Maxwell's brother, reading from a cell phone, puts his mask back up.] Everdell: We'd like to omit another "or foreign" Judge Nathan: Done.

 Everdell: We object to the word coerced, we'd like it removed.  [Bobbi Sternheim come from front table back to where Everdell is, next to Maxwell, and whispers in his ear, pointing at Judge Nathan's charge. A copy of a case is handed to AUSA Rohrbach]

Everdell: I can get you a typewritten proposed instruction, like the one given by Judge Rakoff in US v. Miller. [Pause while Judge Nathan and AUSA Rohrbach and AUSA Maurene Comey read the case they've been handed]

 Judge Nathan returns with a Federal Appendix case found by "my crack law clerks." It seems the 2d Circuit, to which Judge Nathan aspires, permits two different charges on "one dominant purpose." Everdell: Page 24, we want it to say "Ms Maxwell" not "the defendant"

 Everdell: We want the word "solely" on line 12. Judge Nathan: Done. And I'll strike "and foreign" on page 25. Everdell: There, we also object to the use of the language of the statute - we want a bracket. Judge Nathan: I spent an inordinate amount of time on this

 Maxwell's lawyer Everdell: here it says "between the US and a foreign country." That should be out. AUSA: Fine. [Note: Now it's Menninger huddling in the corner with Ghislaine Maxwell, who is speaking with her hands - whispering through mask but gesticulating]

 Everdell: In the title, we'd like to change minor to person under 18. AUSA: The indictment says "minor." But we are not seeking to send the indictment back with the jury. Judge Nathan: So you are in vigorous agreement. [Laughter among lawyers.]

 [Note: Maxwell's lawyer Menninger has picked up her bag and coat and she's left the courtroom. Everdell is running the show on the jury charge, vs AUSA Rohrbach (though AUSA's Lara Pomeratz and Maurene Comey taking and passing copious notes).

Everdell: With respect to Jane, we want to use the word "alleges." And here, we'd like you to simply eliminate the reference to age. AUSA: We can remove age, let the jury decide Annie's age. Everdell: We preserve our objection with respect to the topless massage.

Maxell's lawyer Bobbi Sternheim jumps in and gets a change. By contrast AUSA Lara Pomerantz passes a note to AUSA Maurene Comey, who reads it and passes it on to AUSA Rohrback, who's doing the speaking. He says, We're OK to cut "including at times Maxwell."

Everdell: We want the "conscious avoidance" language out. The record shows people saying their ages. I need to break this into 2 pieces. There was testimony about multiple females being at the Palm Beach residence. But what ages did they look like?

 Everdell: Mr. Alessi said he only saw two people who looked under age. Jane says she was 14 or 15 and we say no, she was older. Carolyn says, I was such and such age. But we say we made nothing to do with Carolyn.

Everdell: Maybe Mr. Epstein slipped in a couple of teenagers. AUSA: Carolyn was told to say she was 18. Everdell: Carolyn was told by *Virginia* to say she was 18. That doesn't have anything to do with Ms. Maxwell.

 Judge Nathan: We're going to include it. Wait, I have a comment on my own draft. The "he" should be replaced with "she." Everdell: There were witnesses with felony convictions. We'd like the Sand instruction on the credibility of witnesses.

AUSA: We're not aware of this instruction being given in this District. Judge Nathan: I haven't given that instruction. Everdell: Maybe on cooperators? Judge Nathan: Looks like I have give it as a separate instruction, in US v. Berry [Inner City Press also covered

 Everdell: We want the instruction that US but not the defense can offer immunity. One of our witnesses said they would invoke the Fifth. AUSA: Virginia Robert could have been called by the defense -- Defense: I'm not referring to her. I'm referring to Sarah Kellen

 AUSA Rohrback: We don't want in closing the argument about the empty chair and why the government is prosecuting. Everdell: Let's turn to the verdict sheet. Take out the word minor, put in "individuals under the age of 17."

Judge Nathan: OK. AUSA: We have one nit. Where it's supposed to be, Mark your verdict with a check mark, you actually use a "T" in parenthesis.  Judge Nathan (laughs) I don't know how that got in there. We'll fix it.  Judge Nathan: This should be a two hour closing.

AUSA Comey: But we have exhibits. So two and a half. Judge Nathan: Can you do thirty for the rebuttal? AUSA Comey: I'd ask for the court's indulgence for more Judge Nathan: Thirty five minutes. [So 5 hours and 35 minutes and the charge, short lunch, Judge says]

 Judge Nathan: The charge is 80 pages. My favorite part of the job, reading the charge (laughs). It should take an hour. [So 6 hours and 35 minutes, plus breaks and lunch - can fit between 9 am and 6 pm, on Monday. #MaximumMaxwell

 AUSA Maurene Comey: To keep things confidential, during closings some exhibits will only be on the jurors' screen, not the public screen. We'll also turn the podium. Judge Nathan: I will work on finalizing the charge. [But will it go into the docket? Story soon

Addendum: Maxwell stayed in the courtroom after some others left. Finally the two Marshal escorted her toward the prisoners' door - she stopped on the way and exchanged words with her brother, then continued to the door.


On December 10, leading up to the US resting of its case, Annie Farmer was cross examined, then her ex-boyfriend and mother testified. Inner City Press live tweeted it here, podcast herestand-upGMax sister - and circus

Again, where is the Press opposition to all this sealing, and the decision-maker?

Inner City Press is covering the trial, and all the comes before and after it; #CourtCaseCast and song ISong 2Song 3, fifth songNov 27 song Dec 4 song and now Dec 11 song


On October 18 the US Attorney's Office opposed the request, saying the the voir dire questions should be asked by Judge Nathan, and that there should only be sidebars on "sensitive questions such as those that relate to sexual abuse and media exposure." Full letter on Patreon here.

 In a conference on October 21 on that as scheduling issues, Judge Nathan denied the request to seal. Inner City Press live tweeted it here (podcast here)

On October 22 the draft jury questionnaire was unsealed and Inner City Press has immediately published it on its DocumentCloud here, including "Have you or a family member ever supported, lobbied, petitioned, protested, or  worked in any other manner for or against any laws, regulations, or organizations relating to sex trafficking, sex crimes against minors, sex abuse or sexual harassment?" Photo here.

   After the death of Jeffrey Epstein in the MCC prison, on July 2 Acting US Attorney for the SDNY Audrey Strauss announced and unsealed in indictment of Maxwell on charges including sex trafficking and perjury.

   Inner City Press went to her press conference at the US Attorney's Office and asked, Doesn't charging Maxwell with perjury undercut any ability to use testimony from her against other, bigger wrong-doers? Periscope here at 23:07.

  Strauss replied that it is not impossible to use a perjurer's testimony. But how often does it work?

  At 3:30 pm on July 2 Maxwell appeared in the U.S. District Court for the District of New Hampsire, before Magistriate Judge Andrea K. Johnstone. Inner City Press live tweeted it here.
(Also live tweeted bail denial of July 14, here.)

   In the July 3 media coverage of Maxwell, media all of the world used a video and stills from it of Maxwell speaking in front of a blue curtain, like here.

 What they did not mention is something Inner City Press has been asking the UN about, as under UNSG Antonio Guterres with his own sexual exploitation issues (exclusive video and audio) it got roughed up and banned from the UN: Ghislaine Maxwell had a ghoulish United Nations press conference, under the banner of the "Terramar Project," here.

 On July 5, after some crowd-sourcing, Inner City Press reported on another Ghislaine Maxwell use of the United Nations, facilitated by Italy's Permanent Representative to the UN, UN official Nikhil Seth and Amir Dossal, who also let into the UN and in one case took money from convicted UN briber Ng Lap Seng, and Patrick Ho of CEFC China Energy, also linked to UN Secretary General Antonio Guterres.

  At the Ghislaine Maxwell UN event, the UN Deputy Secretary General was directly involved.

List of (some of) the participants on Patreon here.

  Inner City Press has published a phone of Maxwell in the UN with Dossal, here. But the connection runs deeper: Dossal with "25 years of UN involvement" was on Terrarmar's board of directors, one of only five directors, only three not related to Maxwell by blood and name.

The directors: Ghislaine Maxwell, Christine Malina-Maxwell, Steven Haft, Christine Dennison and... Amir Dossal. Inner City Press is publishing this full 990 on Patreon here.

  Dossal has operated through the UN Office of Partnership, with Antonio Guterres and his deputy Amina J. Mohammed, here.

And the links to the world of UN bribery, including Antonio Guterres through the Gulbenkian Foundation, runs deeper. More to follow.

Antonio Guterres claims he has zero tolerance for sexual exploitation, but covers it up and even participate in it. He should be forced to resign - and/or have immunity waived.

  Terramar has been dissolved, even though Maxwell's former fundraiser / director of development Brian Yurasits still lists the URL on his (protected) Twitter profile, also here.

  But now Inner City Press has begun to inquire into Ghislaine Maxwell's other United Nations connections, starting with this photograph of another day's (or at least another outfit's) presentation in the UN, here. While co-conspirator Antonio Guterres has had Inner City Press banned from any entry into the UN for two years and a day, this appears to be in the UN Economic and Social Council (ECOSOC) chamber. We'll have more on this, and on Epstein and the UN. Watch this site.

  The case is US v. Maxwell, 20-cr-330 (Nathan).

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