Final jury questionnaire in United States v. Maxwell, filed Nov. 15, 2021

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK¶

United States of America,¶

-v-¶

Ghislaine Maxwell,¶

Defendant.¶

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 11/15/21

20-CR-330 (AJN)¶

ORDER¶

ALISON J. NATHAN, District Judge:¶

Attached is a copy of the final jury questionnaire, which is the same as Dkt. No. 365, docketed on October 22, 2021, except that it incorporates the redline changes.¶

SO ORDERED.¶

Dated: November 15, 2021 New York, New York¶

_____ ALISON J. NATHAN United States District Judge¶

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK¶

________________ …¶

UNITED STATES OF AMERICA¶

-v-¶

GHISLAINE MAXWELL,¶

Defendant.¶

INSTRUCTION SHEET¶

X¶

X¶

20 Cr. 330 (AJN)¶

JURY QUESTIONNAIRE¶

Dear Juror:¶

Please call (212) 805 0158 on November 15, 2021 after 6:00 p.m. for further reporting instructions. Please bring this instruction sheet with you to the courthouse if you are instructed to return.¶

!INSERT JUROR INFORMATION SHEET FROM JURY DEPARTMENT!¶

PRELIMINARY INSTRUCTIONS¶

Please read the following instructions carefully before completing any portion of this questionnaire. Please print your juror number in the space provided at the top of each page. Do not write your name on the questionnaire. Please answer each and every question fully. Some questions have more than one part.¶

YOU ARE SWORN TO GIVE TRUE AND COMPLETE ANSWERS TO ALL QUESTIONS IN THIS QUESTIONNAIRE. This questionnaire is designed to help simplify and shorten the jury selection process. The purpose of the questionnaire is to determine whether prospective jurors can decide this case impartially based upon the evidence presented at trial and the legal instructions given by the presiding judge. The questions are not intended to inquire unnecessarily into personal matters. Although some of the questions may appear to be of a personal nature, please understand that the Court and the parties must learn enough information about each juror’s background and experiences to select a fair and impartial jury.¶

Please answer all questions to the best of your ability. If you do not know the answer to a question then write, “I don’t know.” There are no “right” or “wrong” answers, only truthful answers. If you have strong feelings about this case in general, please do not hesitate to share them. Although you may be a perfectly good juror in another case, this may or may not be the right case for you to sit on as an impartial juror. Both parties have the right to get honest answers and to hear your true opinions. Do not discuss the case or your answers with anyone. It is important that the answers be yours alone. Remember, you are sworn to give true and complete answers to all questions.¶

If you need extra space to answer any question, please use the extra blank sheets of paper included at the end of the questionnaire. Be sure to indicate on the blank page the number of the question you are answering. Do not write anything on the back of any page.¶

DO NOT DISCUSS YOUR QUESTIONS AND ANSWERS OR THE CASE WITH ANYONE, NOW OR UNTIL FURTHER INSTRUCTED BY THE COURT. You should not discuss the questions or answers with fellow jurors. It is very important that your answers be your own individual answers. More broadly, do not discuss the case with anyone, including the lawyers (except in the presence of the Court), your fellow jurors, your family, your friends, or anyone else. Do not communicate about the case in any way, including telephone, e-mail, any social media app or website (such as Facebook), any communications app or website (such as Twitter). You must also avoid reading or hearing about the case (or anyone participating in the case) in newspapers, in magazines, on the radio or television, or on the Internet.¶

DO NOT DO YOUR OWN RESEARCH ON THE CASE. Do not conduct any research into the case (or anyone participating in the case) at any time before your entire jury service has been completed. That includes performing Internet searches, asking other people about the case, reading news stories, books, or reports about the case, or watching films or television programs that relate to the case. Do not read, watch, or listen to any information about this case.¶

Your name will not be disclosed or connected to this questionnaire beyond the Judge and the parties in this case. However, if you believe that any of your answers contain private information that could embarrass you or otherwise seriously compromise your privacy and wish to request that the Court keep them confidential and not distribute them beyond the Judge and parties, please indicate the particular question number at the end of the questionnaire.¶

SUMMARY OF THE CASE¶

The Court is selecting a jury for a trial commencing on Monday, November 29, 2021. Although it is never possible to predict the length of a trial, currently this trial is expected to last approximately six weeks.¶

This is a criminal case. The Defendant, Ghislaine Maxwell, has been charged in an Indictment with various criminal offenses. The Indictment is not evidence. It simply contains the charges—referred to as “counts”—that the Government intends to prove to the July at trial beyond a reasonable doubt.¶

The charges in the Indictment stem from allegations that from at least 1994 through 2004, the Defendant conspired with and aided and abetted Jeffrey Epstein to entice minors to travel to engage in criminal sexual activity, to transport minors to engage in criminal sexual activity, and to engage in sex trafficking of a minor.¶

The Indictment charges the Defendant in 6 counts: Count One of the Indictment charges the Defendant with conspiring with Jeffrey Epstein and others to entice minors to travel to engage in sexual activity for which a person can be charged with a criminal offense. Count Two charges the Defendant with enticing a minor to travel to engage in sexual activity for which a person can be charged with a criminal offense, and aiding and abetting the same. Count Three charges the Defendant with conspiring with Epstein and others to transport minors to engage in sexual activity for which a person can be charged with a criminal offense. Count Four charges the Defendant with transporting a minor to engage in sexual activity for which a person can be charged with a criminal offense, and aiding and abetting the same. Count Five charges the Defendant with participating in a sex trafficking conspiracy. Count Six charges the Defendant with sex trafficking of a minor, and aiding and abetting the same.¶

Ms. Maxwell has pled not guilty to all charges. Ms. Maxwell is presumed innocent, and before she can be found guilty on any charge, the jury must find that the Government has proven each element of that crime beyond a reasonable doubt.¶

SCHEDULE¶

Potential jurors will be called back for further questioning and jury selection from Tuesday, November 16, 2021, through Friday, November 19, 2021. Your availability during that week will be required.¶

The trial will commence on Monday, November 29, 2021. The trial is expected to last about six weeks. Generally, trial will be held five days per week, Monday through Friday, from 9:30 a.m. until 5:00 p.m. Trial will not be held on Friday, December 24, 2021 (Christmas Eve Day) and Friday, December 31, 2021 (New Year’s Eve).¶

If you are selected as a juror, you will be required to be present for the taking of testimony and evidence for as long as the trial lasts. There are no plans to sequester the jury, which means you will go home every day after court.¶

All jury service involves some degree of hardship. Our court and justice system depends on citizens doing their civic duty to serve as jurors, which involves temporarily putting aside their regular business for jury service. The Court views service on a jury to be one of the highest duties a citizen owes to the United States. Mere inconvenience or the usual financial hardship of jury service will not be sufficient to excuse a prospective juror. You must show extraordinary personal or financial hardship to be excused from service.¶

PLEASE ANSWER THE FOLLOWING QUESTIONS:¶

	ABILITY TO SERVE
1.	Do you have any unmovable commitments between November 16, 2021, and
la.	If yes, please explain (without indicating the name of where you work or the names who you are):
2.	Do you have any unmovable commitments between November 29, 2021, and
2a.	If yes, please explain (without indicating the name of where you work or the names
	who you are):
3.	Do you have any international travel plans between now and November 29, 2021?
4.	Do any circumstances exist such that serving on the jury in this case would entail serious hardship or extreme inconvenience?
4a.	If yes, please briefly describe the serious hardship or extreme inconvenience:

5.	Do you have any personal commitments that would make it difficult for you to get
5a.	If yes, please explain why you would be unable to get to court by 9:30 a.m. or
6.	Do you have any difficulty reading, speaking, or understanding English?
7.	Do you have any medical, physical, or mental condition or illness that makes you
7a.	If yes, please briefly describe the condition or illness. If you believe you could serve
8.	Are you taking any medication which would prevent you from giving full attention
Ra.	If yes, please explain:

9.	Do you have any religious, philosophical, or other beliefs that would make you unable to render a verdict in a criminal case?
	Yes No
9a.	If yes, please explain:

10.	Under the law, the facts are for the jury to determine and the law is for the Judge to
10a.	If no, please explain:
I I.	The law provides that a defendant in a criminal case is presumed innocent at all serve on this jury?
1 I a.	If no, please explain:

12.	The law provides that a defendant in a criminal case has an absolute right not to testify, and that a juror cannot hold it against the defendant if she chooses not to testify. Do you accept this principle, and will you be able to apply it if selected to serve on this jury?	Yes No
12a.	If no, please explain:
13.	A juror is required by law to make his or her decision based solely on the evidence or lack of evidence presented in Court, and not on the basis of conjecture, suspicion, bias, sympathy, or prejudice. Do you accept this principle, and will you be able to apply it if selected to serve on this jury?	Yes No
13a.	If no, please explain:
14.	Under the law, the question of punishment is for the Court alone to decide, and thus the issue of punishment must not enter into your deliberations as to whether the defendant is guilty or not guilty as charged. Do you accept this principle, and will you be able to apply it if selected to serve on this jury?	Yes No
14a.	If no, please explain:

15.	You may hear testimony in this case that law enforcement officers recovered certain
I5a.	If yes, please explain:
16.	You also may hear testimony in this case from expert witnesses. Have you had any
16a.	If yes, please explain:
17.	As instructed above, from now and until your jury service is complete, you are

17a.	If yes, please explain:

	PRIOR JURY SERVICE
18.	Have you ever served as a juror in a trial in any court?
19.	Have you ever at any time served as a member of a grand jury, whether in federal, state, county, or city court?

EXPERIENCE AS A WITNESS, DEFENDANT, OR CRIME VICTIM
20.	Have you, or has any relative or close friend, ever participated in a state or federal court case, whether criminal or civil, as a witness, plaintiff, or defendant? Yes (self) Yes (friend or family member) No
20a.	If yes, is there anything about that experience that would prevent you from acting as a fair and impartial juror in this case? Yes No
20b.	If yes to 20a, please explain:
21.	Have you or any relative or close friend ever been involved or appeared as a witness in any investigation by a federal or state grand jury or by a congressional or state legislative committee, licensing authority, or governmental agency, or been questioned in any matter by any federal, state, or local law enforcement agency? Yes (self) Yes (friend or family member) No

21a.	If yes, is there anything about that experience that would prevent you from acting as
2 I b.	If yes to 21a, please explain:
22.	Have you, or has any relative or close friend, ever been subpoenaed for any inquiry
	❑ Yes (self) ❑ Yes (friend or family member) ❑ No
22a.	If yes, is there anything about that experience that would prevent you from acting as
	a fair and impartial juror in this case?
22b.	If yes to 22a, please explain:
23.	Have you, or has any relative or close friend, ever been arrested or charged with a
	o Yes (self) o Yes (friend or family member) o No
23a.	If yes, is there anything about that experience that would prevent you from acting as
23b.	If yes to 23a, please explain:

24.	Have you, or has any relative or close friend, ever been the subject of any investigation or accusation by any grand jury, state or federal, or any other investigation?	Yes (self) Yes (friend or family member) No
24a.	If yes, is there anything about that experience that would prevent you from acting as a fair and impartial juror in this case?	Yes No
24b.	If yes to 24a, please explain:
	_____
	_____
	_____
	_____
25.	Have you, or any of your relatives or close friends, ever been a victim of a crime?
	Yes (self) Yes (friend or family member) No
25a.	If yes, is there anything about that experience that would prevent you from acting as a fair and impartial juror in this case?
	Yes No
25b.	If yes to 25a, please explain:
	_____
	_____
	_____
	_____
26.	Have you, or has any member of your family or any of your close friends—either as individuals or in the course of their business affairs—ever been a party to a legal action or dispute with the United States, or with any of the officers, departments, agencies, or employees of the United States, including the United States Attorney’s Office, the FBI, or the NYPD?
	Yes (self) Yes (friend or family member)

26a.	If yes, is there anything about that experience that would prevent you from acting as
26b.	If yes to 26a, please explain:
27.	Have you, or has any member of your family, ever had a dispute concerning money
	❑ Yes (self) ❑ Yes (friend or family member) ❑ No
27a.	If yes, is there anything about that experience that would prevent you from acting as
27b.	If yes to 27a, please explain:

	OTHERS
28.	Do you or any member of your family or a close friend work in law, law enforcement, the justice system, or the courts?
28a.	If yes, please explain:

28b.	If yes to 28, would this affect your ability to serve as a fair and impartial juror in
28c.	If yes to 28b, please explain:
29.	Do you know or have any association—professional, business, or social, direct or
29a.	If yes, please explain:
29b.	If yes to 29, would this affect your ability to serve as a fair and impartial juror in
29c.	If yes to 29b, please explain:
30.	Do you know or have any association—professional, business, or social, direct or
30a.	If yes, please explain:

30b.	If yes to 30, would this affect your ability to serve as a fair and impartial juror in
30c.	If yes to 30b, please explain:
31.	Do you know or have any association—professional, business, or social, direct or
31a.	If yes, please explain:
31b.	If yes to 31, would this affect your ability to serve as a fair and impartial juror in
31c.	If yes to 31b, please explain:
32.	Do you have any opinion of the U.S. A t i 0 r le i l ‘s , Office for the Southern District of
	New York, the U.S. Attorney Damian or the former Acting U.S. Attorney

32a.	If yes, please explain:

PERSONAL RELATIONSHIP WITH CASE PARTICIPANTS¶

33.	The next subset of questions asks whether you or any member of your family or a close friend personally knows or has past or present dealings with individuals involved in this case. To “personally know” means to have some direct or personal knowledge or connection to the following individuals. If you have only heard the names through media or social media, for example, that is not personal knowledge.
33a.	Do you or does any member of your family or a close friend personally know or have past or present dealings with the Defendant in this case, Ghislaine Maxwell, or her family members? Yes No
33b.	Do you or does any member of your family or a close friend personally know or have past or present dealings with Jeffrey Epstein? Yes No
33c.	Do you or does any member of your family or a close friend personally know or have past or present dealings with the U.S. Attorney for the Southern District of New York, Damian [REDACTED], the former Acting U.S. Attorney for the Southern District of New York, Audrey Strauss, or anyone else who works for or used to work for the U.S. Attorney’s Office for the Southern District of New York? Yes No
33d.	Do you or does any member of your family or a close friend personally know or have past or present dealings with any of the Assistant United States Attorneys who are prosecuting this case: Maurene Comey Yes No Alison Moe Yes No Lara Pomerantz Yes No Andrew Rohrbach Yes No

33e.	Do you or does any member of your family or a close friend personally know or have past or present dealings with any of the defense attorneys or law firms who are representing the Defendant: Christian Everdell of █ & Gresser LLP Yes No Jeffrey Pagliuca of Haddon, █ and █ , P.C. Yes No Laura Menninger of Haddon, █ and █ , P.C. Yes No Bobbi Sternheim of Law Offices of Bobbi C. Sternheim Yes No
33f.	Do you or does any member of your family or a close friend personally know or have past or present dealings with the United States District Court Judge who is presiding over this case, Alison J. Nathan, or anyone who works on her staff? Yes No
33g.	If you answered “yes” to any of the above sub-questions (33a, 33b, 33c, 33d, 33e, or 33f), please explain whom you know, how you know the individual(s), and whether your relationship with that person might make it difficult for you to be a fair and impartial juror in this case: _____

KNOWLEDGE OF CASE AND PEOPLE
	This case has been widely reported in the national and local media. There is nothing wrong with having heard something about this case. It is important to answer all of the following questions truthfully and fully.
34.	Before today, had you read, seen, or heard anything about [REDACTED] Yes No Unsure
34a.	If yes or unsure, please state what you remember hearing, and how or from whom you may have heard (e.g., a friend, the newspaper, a website, social media). If you heard about Ms. Maxwell from a media source, please identify the media source by name: _____
35.	Have you personally formed an opinion about Ms. Maxwell’s guilt or innocence of the crimes charged as a result of anything you have heard, read or seen? Yes      No      Unsure Not applicable, I have not read/seen/heard about Ms. Maxwell
35a.	If yes or unsure, please summarize your opinion: _____

36.	Based on anything that you have read, seen, or heard about Ms. Maxwell, including anything about criminal charges against Ms. Maxwell, have you formed any opinions about Ms. Maxwell that might make it difficult for you to be a fair and impartial juror in this case? Yes No Unsure Not applicable, I have not read/seen/heard about Ms. Maxwell
36a.	If yes or unsure, please explain why it might be difficult for you to be a fair and impartial juror in this case:
37.	Before today, had you read, seen, or heard anything about Jeffrey Epstein? Yes No Unsure
37a.	If yes or unsure, please state what you remember hearing, and how or from whom you may have heard ( e.g. , a friend, the newspaper, a website, social media). If you heard about Mr. Epstein from a media source, please identify the media source by name: _____
38.	Have you verbally stated or posted your opinion on social media or online about Ms. Maxwell or Mr. Epstein? Yes No Not applicable, I have not read/seen/heard about Mr. Epstein/Ms. Maxwell
38a.	If yes, when and where did you state or post your opinion?

39.	Based on anything that you have read, seen, or heard about Jeffrey Epstein, have you formed any opinions about Mr. Epstein that might make it difficult for you to be a fair and impartial juror in this case? Yes                      No                      Unsure Not applicable, I have not read/seen/heard about Mr. Epstein
39a.	If yes or unsure, please explain why it might be difficult for you to be a fair and impartial juror in this case:
40.	If you have heard about Jeffrey Epstein, do you think Ms. Maxwell’s alleged association with Jeffrey Epstein will make it difficult for you to fairly and impartially consider the evidence presented at trial and render a verdict based solely on the evidence? Yes                      No                      Unsure Not applicable, I have not read/seen/heard about Ms. Maxwell and/or Jeffrey Epstein
40a.	If yes or unsure, please explain:
41.	Based on anything you have read, seen, or heard about Ms. Maxwell, including anything about criminal charges brought against Ms. Maxwell, would you be able to follow the Court’s instruction to put that information out of your mind and decide this case based only on the evidence presented at trial? Yes                      No                      Unsure Not applicable, I have not read/seen/heard about Ms. Maxwell

| 41a. | If no or unsure, please explain:¶

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	NATURE OF CHARGES
42.	During the trial, you will hear evidence alleging sex crimes against underage girls. you to be a fair and impartial juror in this case?
42a.	If yes, please explain:
43.	Do you have any specific views or feelings concerning laws regarding the age at
43a.	If yes, please explain:
44.	Do you have any opinion about the enforcement of the federal sex trafficking laws from being fair and impartial in this case?

44a.	If yes, please explain:
45.	Have you or a family member ever supported, lobbied, petitioned, protested, or
45a.	If yes, please explain when and what you or your family member did:
45b.	If your answer to 45 was yes, do you believe that this would affect your ability to
45c.	If yes to 45b, please explain:
46.	The witnesses in this case may include law enforcement witnesses. Would you have
46a.	If yes, please explain:

47.	Witnesses in this case may testify claiming sexual abuse or sexual assault. Would
47a.	If yes, please explain:
48.	Have you or a friend or family member ever been the victim of sexual harassment,
	❑ Yes (self) ❑ Yes (friend or family member) ❑ No
48a.	If yes, without listing names, please explain:
48b.	If your answer to 48 was yes, do you believe that this would affect your ability to
48c.	If yes to 48b. please explain:

49.	Have you or a friend or family member ever been accused of sexual harassment,
	o Yes (self) o Yes (friend or family member) o No
49a.	If yes, without listing names, please explain:
49b.	If your answer to 49 was yes, do you believe that this would affect your ability to
49c.	If yes to 49b, please explain:
50.	Is there any other experience that you or anyone close to you has had that may
50a.	If yes, please explain:

CLOSING QUESTION
51.	Do you wish for any particular answers to remain confidential and to not go beyond the Judge, counsel, and the Defendant, because the answer would embarrass you or otherwise seriously compromise your privacy? Yes No If yes, please list which question number(s):

DECLARATION¶

I, Juror Number declare under penalty of perjury that the foregoing answers set forth in this Jury Questionnaire are true and correct to the best of my knowledge and belief. I have not discussed my answers with others, or received assistance in completing the questionnaire.¶

Signed this day of November, 2021¶

DO NOT WRITE YOUR NAME. PLEASE SIGN USING YOUR JUROR NUMBER.¶

You may use these pages to finish any answers that you could not fit in the spaces provided above. If you write anything below, please indicate the number of the relevant question.¶

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