In a more recent filing, Maxwell also noted that Juror No. 50 said in interviews that another juror also disclosed that he or she had been sexually abused as a child.
Prosecutors opposed the move for a new trial, asserting that defendants are “entitled to a fair trial but not a perfect one, for there are no perfect trials,” quoting from a 1984 ruling. They said Juror No. 50 repeatedly told the court before the trial he could be fair and impartial and noted that he maintains this position in his post-verdict interviews, while alleging he believes he answered the juror questionnaire honestly.
Maxwell has not established that the juror deliberately lied about his history, the government said. The record actually indicates he did not, since he revealed the childhood abuse after the verdict.
U.S. Circuit Court Judge Alison Nathan, a Biden nominee, sided with prosecutors.
During a recent hearing, the juror “testified credibly,” added Nathan, who found “his tone, demeanor, and responsiveness gave no indication of false testimony.” Further, questions probing his possible bias indicated he wouldn’t have been sent home due to his history.
“The requirements for a new trial under McDonough are not satisfied,” Nathan ruled, referring to McDonough Power Equip., Inc. v. Greenwood.
Maxwell’s sentencing hearing remains scheduled for June 28.