Maxwell was “denied her right to be tried by a fair and impartial jury when a juror revealed that he gave made materially false statements in jury selection that concealed that he had experienced the ‘exact same thing’ as the victims, namely, childhood sexual abuse”, Aidala also said. “To compound the error, during jury deliberations, he used his undisclosed prior experience to convince other jurors that the defendant was guilty.
In the rare cases the second circuit does reverse a trial court outcome, leading to a new trial, it is typically because prosecutors have over-stretched a legal theory – or because the US supreme court has made a decision that affects proceedings in lower courts, Kuby said. Ghislaine Maxwell with Jeffrey Epstein in 2005. Epstein killed himself in a Manhattan jail cell in 2019, awaiting trial.Speaking generally of appeals, veteran criminal defense attorney Kevin Faga said if 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”.
Source: Law Daily Report (lawdailyreport.net)
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