Jury Deliberation Administration
38 linesUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------x UNITED STATES OF AMERICA, v. 20 CR 330 (AJN) GHISLAINE MAXWELL, Defendant. Jury Trial ------------------------------x New York, N.Y. December 22, 2021 3:41 p.m. Before: HON. ALISON J. NATHAN, District Judge APPEARANCES DAMIAN WILLIAMS United States Attorney for the Southern District of New York BY: MAURENE COMEY ALISON MOE LARA POMERANTZ ANDREW ROHRBACH Assistant United States Attorneys HADDON MORGAN AND FOREMAN Attorneys for Defendant BY: JEFFREY S. PAGLIUCA LAURA A. MENNINGER -and- BOBBI C. STERNHEIM -and- COHEN & GRESSER BY: CHRISTIAN R. EVERDELL Also Present: Amanda Young, FBI Paul Byrne, NYPD Sunny Drescher, Paralegal, U.S. Attorney's Office Ann Lundberg, Paralegal, Haddon Morgan and Foreman
(Jury not present)
JUDGE NATHAN: Good afternoon, everyone. We haven't heard anything from the jury, so I think it is time to consider putting in a note regarding tomorrow since we don't have a response on that. So the note I have drafted, with your input, let me know, "Hello, jury. If your deliberations are not completed today, do you wish to deliberate tomorrow, Thursday, December 23rd?" And then I have a box for "yes" and a box for "no." "Please check yes or no. If yes, what time would you like to deliberate from? Blank a.m. to blank p.m. Judge Nathan." Any thoughts or requests?
MS. COMEY: Seems perfect.
MS. STERNHEIM: Fine. Thank you.
JUDGE NATHAN: What I'll do is we'll send that in and I think everybody just wait, my assumption is it will come right back out and we'll reconvene. I'll see you in a moment.
(Recess)
JUDGE NATHAN: As that went in, a note came out. So I don't have a response yet, but I have a note. "May we please have the following testimonies in a binder." The first one is Jane, Wong, Kate. There is something else written next to Jane.
MS. STERNHEIM: Judge, I'm not reading the note, but they got Jane. It wasn't in a binder.
JUDGE NATHAN: Well, fair enough. Fair enough. I don't know if they're asking for another copy.
MS. STERNHEIM: Or with holes in it, at least.
JUDGE NATHAN: I'll show it to you there. Next to Jane, it says -- oh, I think maybe, Ms. Sternheim, you've intuited. In parentheses, it says, "Being returned," crossed out, and then it says, "No."
MS. STERNHEIM: Judge, of the three testimonies they got, Jane was the last and it was Juan in a binder. The other two were in binders.
JUDGE NATHAN: I see. I see. I didn't know that.
MS. STERNHEIM: It was in the rush of trying to get it to them quickly.
JUDGE NATHAN: Well, we could dispute that, but -- so I guess, because they didn't return it, I guess they are asking for another copy, three-hole punched and in a binder, in addition, Juan and Kate. My clerk will show you the note if you'd like to see it.
MS. COMEY: That's fine, your Honor. I believe Ms. Drescher is going to print out those transcripts right now with the agreed-upon redactions and we'll hole punch them and put them in binders.
JUDGE NATHAN: Okay. I think the response is coming out, so we'll just sit tight for a minute.
(Pause) The response is, "No, thank you." Asterisk, "Jurors have made plans for tomorrow." So, we will get them what they've asked for as quickly as possible. And then, everyone, please be ready to go at 4:25. We'll bring them out for dismissal. I had one quick additional point I wanted to make about the request yesterday for the question regarding Annie's testimony and the request from the defense was to also put in the limiting instruction. I wanted to note that the limiting instruction went in on the transcript of Annie's testimony, as well. So they did have that. All right. Anything to address, Ms. Comey?
MS. COMEY: No, your Honor.
JUDGE NATHAN: Ms. Sternheim?
MS. STERNHEIM: No, thank you.
JUDGE NATHAN: We'll see everyone at 4:25 unless we hear anything further. As soon as you have the materials, give them to Ms. Williams, please. Thank you.
(Recess)
JUDGE NATHAN: Any matters to take up before we bring them to dismiss them?
MS. COMEY: No, your Honor.
MS. STERNHEIM: No, thank you.
JUDGE NATHAN: Okay. Bring in the jury, please.
(Continued on next page)
(Jury present)
JUDGE NATHAN: Thank you, members of the jury. I did get your note that you declined my invitation to deliberate tomorrow. We had assumed trial would be proceeding and I wanted to give you the option to deliberate tomorrow, but understand you have plans. We will resume Monday at 9:00 a.m. Same instructions as previously indicated. As soon as all 12 of you are there, you may deliberate. Before then, please wait until all 12 of you are there. Please stay safe over the long weekend. Obviously we've got the variant and I need all of you here and healthy on Monday. So please take good care and take cautions. Somewhat related to that, the district is going to announce some new protocols on Monday, including specific mask requirements. So the district is going to require everybody to wear either N95s or KN95s or KF94s to be in the courthouse. We'll supply those for you. We'll have supplies on Monday. You're also welcome to take some for the long weekend if you'd like those to help be cautious. It's a long weekend, it's a holiday, it's imperative that you continue to follow my orders regarding the rules in this case as I know that you have, but I have to repeat it. It's critical that you, outside of deliberations, don't discuss this case with each other or anyone else. No consumption of any media of any kind through any means about the case and no communications through any means about the case. Continue to keep an open mind until you resume your deliberations on Monday, the 12 of you. If you have any issues that arise regarding either COVID or any issues of concern, you contact Ms. Williams and she'll communicate to me if there are any issues. I wish you a very happy holiday, a restful time with your families, and we'll see you on Monday. Thank you so much. Happy holidays.
(Continued on next page)
(Jury not present)
JUDGE NATHAN: Any matters to take up, counsel?
MS. COMEY: No. Thank you, your Honor.
MS. STERNHEIM: No. Thank you.
JUDGE NATHAN: You heard the announcement that's about to be forthcoming regarding the masking rules. So that will be true for everyone. Come Monday, we'll have supplies if needed. And please take my words of caution, as well. I need -- well, I don't need all of you, but I need most of you back here on Monday. In the meantime, happy holidays. See you Monday.
(Adjourned to December 27, 2021 at 9:00 a.m.) * * *