The Epstein Chronicles
The Epstein Rewind: Ghislaine Maxwell And The Uphill Appeal Battle
Ghislaine Maxwell's new legal team has signaled that their strategy to get her conviction overturned on appeal will be to focus on the technicalities of the trial and the fact that one of the jurors was less than truthful during the selection process. However, will that be enough?
In this episode, we hear from several legal experts who give their opinion on why Ghislaine Maxwell and her attempt at an appeal will be a very, very long tough hill to climb.
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source:
Ghislaine Maxwell faces hard road in bid to overturn sex-trafficking conviction | Ghislaine Maxwell | The Guardian
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- Broadcast on:
- 15 Oct 2024
- Audio Format:
- other
I'm Victoria Cash, thanks for calling the Lucky Land Hotline. If you feel like you do the same thing every day, press 1. If you're ready to have some serious fun, for the chance to redeem some serious prizes, press 2. We heard you loud and clear, so go to luckylandslots.com right now and play over 100 social casino style games for free. Get lucky today at luckylandslots.com. No purchase necessary, VGW Group void prohibited by law, 18 plus terms of condition supply. A message paid for by veterans for all voters. Listen to this message from Ted Delacath, former army infantrymen and ranger qualified platoon leader active in the army reserves. When I enlist in the army, I sworn oath to this country, not any political party. That's why I'm interested in citizens ballot measures around the country to reduce the power of political parties. Colorado votes on 1-2. Right now, election rules allow political insiders to hand-pick party nominees. It's the reason we're usually stuck voting for the lesser of two evils. Colorado's plan creates an open primary where all candidates appear on one primary ballot. Every voter has the freedom to vote for any candidate, no matter which party. The Colorado plan advances four candidates to the general election, not two. That means more choices for voters in the primary and general election. Get the facts. Elections belong to the voters, not political parties. Paid for by veterans for all voters, Anthony Haas registered agent. The use of military rank and job titles does not implant endorsement by the Department of the Army or the Department of Defense of this ballot measure. What's up everyone and welcome back to the Epstein Chronicles. Glenn Maxwell is gearing up to try and get that appeal going, but she's going to have a long road to travel. It is very difficult to get a sentence overturned on technicalities, and that's exactly what she's trying to do. She's making the case that the trial was tilted against her and that because of juror number 50 and other behaviors of Judge Nathan that she should be getting another trial. But it's not that easy and it's very, very hard to get things overturned once a judge and a court has made a decision. So today we have an article from The Guardian talking about Glenn Maxwell and the long road she has to travel to secure and appeal. This article is from The Guardian headline. Glenn Maxwell faces hard road in bid to overturn sex trafficking conviction. This article was authored by Victoria Bekampis. When Glenn Maxwell's legal team appealed her December 2021 conviction for helping Jeffrey Epstein sexually abused teenage girls, her new lead attorney largely reiterated complaints she had long made about the high criminal proceedings. The attorney Arthur I. Dalla said Maxwell was a proxy for Epstein who was prosecuted to satisfy public outrage over an unpopular non-prosecution agreement and the death of the person responsible for the crimes. Epstein was arrested in July 2019 for sex trafficking teenage girls died in a jail a month later in August pending trial. Maxwell was arrested in July of 2020 and that's been their go-to right? Oh, Glenn Maxwell's being blamed for Jeffrey Epstein's crimes. No, she's not. She committed her own crimes. This is a grown-ass woman who went to the best universities, the best schools money can buy. You mean to tell me she wasn't shrewd and smart enough to know what Jeffrey Epstein was doing? Yeah, okay, sure. As you're providing him young ladies, as you're helping abuse those young ladies? So stop it. Acting like Elaine Maxwell wasn't a huge part of what Epstein was doing and like she doesn't deserve to be in prison for her role is just bananas. I. Dalla, who represented Harvey Weinstein in the disgraced film producers Manhattan rape trial how that workout also contended that Maxwell was so overwhelmed by inhumane conditions in jail that by the time of trial she was so disoriented and diminished that she was unable meaningfully to assist her own defense much less to testify. Oh, yeah, that's exactly why she didn't testify. It had nothing to do with the fact that she's a liar and she would have been exposed on the stand. We all saw that pitiful performance by her during the deposition. Imagine her on the stand getting peppered with questions that she can't ignore. But I dollars comments might have been aimed more at generating a sympathetic media coverage than being a predictor of the appeals likely success. Maxwell cannot mount an appeal based on her own claims that she was a hapless surrogate for Epstein or too tired at trial. Meanwhile, we have people rotting away for a lot less crime and nowhere near as much legal representation. But Galaine Maxwell, she got a bad shake folks. We should all be real sad for Miss Maxwell. Her legal team will have to argue instead that there were legal errors and proceedings against her that necessitate a verdict reversal and that is where her bid to have her conviction overturned will succeed or according to many legal experts more likely fail. And I'm in that boat. I don't think she's going to have any success here whatsoever. And I don't care who the lawyer is. Arthur Idella, Johnny Cochran. I don't care. The facts are the facts in this case. And I highly doubt that an appeals court who's already laughed at Galaine Maxwell and her attempts multiple times is going to just make a 180 here and decide, you know what, Maxwell got a bad shake. We need to make sure that Galaine Maxwell of all people is out of jail and we must right this epic wrong. I mean, really? Is that what her lawyers think is going to happen? Because I don't think that's going to be the case. I'm pretty sure that the second court of appeals, they're going to roll their eyes at this BS and the result is going to be what it always has been. Galaine Maxwell, you're staying in prison. Indeed, Idella contends that New York federal prosecutors flouted an old non-prosecution agreement, which he claimed, barred charges for being brought against Maxwell in relation to Epstein's crimes. So the non-prosecution agreement once again rears its ugly head. Has there ever been a worse non-prosecution agreement in the history of this country? I would contend that there hasn't been. The non-prosecution agreement was a provision of Epstein's controversial 2007 plea deal in Florida, which let him avoid federal charges over allegations of sexual crimes. As a matter of due process, the government should be held to the highest standards of both promise and performance in its agreement with its citizens, Idella said, of the non-prosecution agreement. Idella also maintained that Maxwell's right to a fair trial due to the ambralio with juror number 50, Scotty David. During jury selection, David did not disclose that he had been sexually abused as a child, a question which was asked of potential jurors prompting Maxwell's attorneys to request a new trial. David, who claimed he did not disclose this on a juror questionnaire due to distraction, said in post-trial interviews that he discussed this alleged abuse with his fellow jurors, which let them see things from a victim's perspective. The judge, Allison Nathan, rejected Maxwell's bid for a new trial over David's omission. Now look, if Maxwell's team is going to sink their teeth into anything, this is what they should be focused on. Not the other stuff, not calling Elaine Maxwell a proxy or anything like that, because that's a losing proposition. At least here they can make the case that juror 50 Scotty David is a Nimrod and that because of his behavior, they should have a retrial. At the very least, if I was sitting in a courtroom, I'd at least entertain the thought, right? Listen to what you have to say. But if you showed up into the courtroom talking about Elaine Maxwell's innocent, she didn't do this. I would laugh at you honestly. Maxwell was denied her right to be tried by a fair and impartial jury when a juror revealed that he gave false statements in jury selection that concealed that he had experienced the exact same thing as the victims, namely childhood sexual abuse. Idala also said, to compound the error during jury deliberations, he used his undisclosed prior experience to convince other jurors that the defendant was guilty. Oh, that's BS. The evidence convinced them. All we have to go on is juror 50 saying that even happened. While Idala has cited these alleged errors, law and public statements, proving them to the second circuit court of appeals and convincing an appellate panel that these issues were egregious enough to overturn Maxwell's conviction and order a new trial is a hard road to travel. Court administration data from 2015 indicate that less than 9% of federal appeals resulted in reversals of lower courts. The likelihood of the second court reversing her trial verdict is close to zero, said Ron Cooby, a longtime criminal defense attorney with a focus on civil rights. The second circuit tends to uphold almost all criminal convictions as a general matter. And once something is set as precedent in court, it's very hard to get it overturned. We've talked about this a lot. 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When I enlisted in the army, I sworn oath to this country, not any political party. That's why I'm interested in citizens ballot measures around the country to reduce the power of political parties. Colorado votes on one too. Right now, election rules allow political insiders to hand-pick party nominees. It's the reason we're usually stuck voting for the lesser of two evils. Colorado's plan creates an open primary where all candidates appear on one primary ballot. Every voter has the freedom to vote for any candidate, no matter which party. The Colorado plan advances four candidates to the general election, not two. That means more choices for voters in the primary and general election. Get the facts. Elections belong to the voters, not political parties. Paid for by veterans for all voters, Anthony Haas registered agent. The use of military rank and job titles does not implant endorsement by the department of the army or the department of defense of this ballot measure. In the rare cases, the second circuit does reverse a trial court outcome leading to a new trial. It is typically because prosecutors have overstretched the legal theory or because the US Supreme Court has made a decision that affects proceedings in lower courts, Cooby said. But Maxwell and her trial was none of that. The Maxwell trial was all very well plowed legal territory, Cooby said. The proceedings against Maxwell, which stem from serving as Epstein's procurer of victims, were not complicated by a racketeering counts, nor convoluted bribery charges. It's very, very, very fancy trappings, but fundamentally, it's the prosecution of a pimp, which is not that complicated, Cooby said. And I guess when you peel it all back and you want to just look at it at the foundation, that's what it is. And the fact that they didn't have Rico and they didn't have all these other charges made it a little less sticky as far as the appeal goes. Speaking generally of appeals, veteran criminal defense attorney Kevin Faga said an appeals court doesn't find an error of law, the petition won't go anywhere. It's a hard burden to prove that there was an error of law. Her lawyers will have to convince an appellate court that there was an error in the law made by the trial court. And if they're successful, the appellate court has to determine whether the error warrants a retrial or further investigation before they determine whether a retrial should be had, Faga said. An appeals panel can order that the case returned to the lower trial court for a hearing on various issues. Rachel Fissette, co-founder of Los Angeles firm's Yback Fissette and Zaldonado said she thought a successful appeal was unlikely. While Maxwell, who was sentenced to 20 years in prison, will probably fail in her appeal, there is still a reason for her to try. She's looking at a very long sentence and they are looking at ways to have it overturned. And there are not any options beyond an appeal, Fissette said. She doesn't have very much to lose other than the cost of the appeal. And that just tells you everything you need to know right there. How many of us could go through the costly appeal process that Maxwell is going through? And how is it that all of her funds weren't seized? It's not uncommon for people with a lot of means to appeal their conviction in the hope that it's overturned. Maxwell has remained very steadfast that she has not committed these crimes and that it's not her fault. So the appeal is not surprising. No, it's not surprising, but it's going to fail, I think. I don't think they're going to be able to convince the appellate court of their arguments. And I think that this request, like all of the other ones will go nowhere. All right, folks, that's going to do it for this one. All of the information that goes with the episode can be found in the description box. 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Right now, election rules allow political insiders to hand-pick party nominees. It's the reason we're usually stuck voting for the lesser of two evils. Colorado's plan creates an open primary where all candidates appear on one primary ballot. Every voter has the freedom to vote for any candidate, no matter which party. The Colorado plan advances four candidates to the general election, not two. That means more choices for voters in the primary and general election. Get the facts. Elections belong to the voters, not political parties. Paid for by veterans for all voters, Anthony Haas registered agent. The use of military rank and job titles does not implant endorsement by the Department of the Army or the Department of Defense of this ballot measure.