Ghislaine Maxwell: Why is the jury still out?
It's not what you know. It's what you can prove.
On Monday, I was chatting to the reporters in the press room at the Ghislaine Maxwell trial when, at around 11:25 a.m., the jury sent a note to the judge.
The judge announced that the jury asked for supplies including whiteboard, different colored Post-Its and highlighters - and as a true crime reporter, for me, the writing was on the wall.
They are building the equivalent of a murder board back there - and we’re in for a long week.
The jurors also asked for the definition of the word “enticement” - crucial to interpreting the charges in this case - and a transcript of Matt’s testimony.
Matt was the ex-boyfriend of “Jane”, one of Epstein’s accusers, who testified that she was groomed by Maxwell and Epstein beginning when she was 14 years old. Matt testified that she had told him about the abuse - and that she mentioned a woman fitting Maxwell’s description being present during the abuse. Matt testified that when he asked her about it later, “Jane” confirmed that the woman she mentioned had been Maxwell.
When I tell people that I’ve been covering the Maxwell trial, and that the jury is still out, I often get the same response: “How can they still be deliberating? She’s obviously guilty as hell!”
As with most things in life, it’s not that simple. Because even though I absolutely believe after listening to victims’ testimony that Maxwell abused these young women - as someone who covers crime on a regular basis, I also know that (as Denzel Washington said in Training Day) it’s not what you know - it’s what you can prove.
There are a total of six federal counts against Maxwell: sex trafficking of a minor, enticing a minor to travel to engage in criminal sexual activity, transporting a minor with the intent to engage in criminal sexual activity, and three counts of conspiracy.
She has pleaded not guilty to all of them.
Four of Maxwell’s accusers testified in court: “Jane”, “Kate”, Carolyn, and Annie Farmer.
Maxwell, who turned 60 on Christmas Day while behind bars, faces up to 70 years in prison if she’s convicted on all counts.
Sex trafficking a minor
This is the most serious charge, and carries a possible sentence of 40 years in prison.
According to the jury instructions, sex trafficking means that the perpetrator "knowingly in or affecting interstate commerce, recruits, entices, harbors, transports, provides, or obtains, by any means a person ... knowing that ... the person has not attained the age of eighteen years and will be caused to engage in a commercial sex act.”
This charge relates only to Carolyn, who testified that she went to Epstein’s mansion in Palm Beach “two or three times per week” and that she was sexually abused by Epstein under the guise of giving massages.
The “commercial” part seems crucial: Carolyn said that Maxwell would help set up the “massages”, and that after she was done, she would pick up $300 in cash on the bathroom sink.
Enticing a minor to travel and transporting a minor
Both of these charges only apply to “Jane", who testified that she met Maxwell and Epstein in 194 while she was eating ice cream with friends near Interlochen camp.
She said that she began visiting Epstein at his home in Palm Beach and that Maxwell acted like her older sister, taking her shopping and going to the movies with her.
Then, she said, Epstein began sexually assaulting her - and Maxwell joined in, and explained how Epstein likes to be massaged. Sometimes, she said, Maxwell was in the room touching her with Epstein while the abuse was going on, other times, she said she was forced to participate in orgies.
For enticing a minor, Maxwell could get 5 years in prison, and transporting is punishable by up to 10 years in prison.
Conspiracy (3 Counts)
These charges are more broad. According to the jury instructions, someone can be found guilty of conspiracy even if they did not commit the alleged crime themselves.
So the conspiracy to entice and conspiracy to transport charges stretch from 1994 to 2004 and involve all four women we’ve heard from in court: Carolyn, Jane, Kate and Annie Farmer.
Judge Nathan instructed the jury that they can consider the testimony of Kate, who says she was 17 when she met Epstein and Maxwell, and Annie Farmer, who testified that she was 16 when Epstein and Maxwell traveled with her to the Zorro Ranch in New Mexico.
But because both women were over the age of consent, the judge ruled that the jury cannot convict based on their testimony.
Each of the conspiracy counts is punishable by up to 5 years in prison.
As more time passes, the discussion in the press room is turning to possibilities: Could there be a hung jury, and potential mistrial?
I think we should all buckle up - it looks like it’s going to be a long week.