NEW YORK — The judge presiding over Ghislaine Maxwell’s trial warned the courtroom Tuesday that the swell of coronavirus cases in New York City could result in a mistrial.
“We are seeing an astronomical spike in the number of COVID-positive cases in New York City over the last one to two weeks due to the omicron variant,” said Manhattan Federal Court Judge Alison Nathan.
As the judge spoke, jurors continued their private deliberations. In a note around 5 p.m., they hinted they were heading toward a verdict.
“Things are moving along and we are making progress,” the note said. “We are at a good point, and would like to end today at 5 p.m. and continue tomorrow morning at 9 a.m.”
If jurors can’t reach a verdict Wednesday, Nathan has a plan.
She told government and defense lawyers that she was preparing to order jurors to continue deliberating through the weekend until they reach a decision.
“We are, very simply, at a vastly different place regarding the pandemic than we were only a week ago,” the judge said.
“We now face a high and daily escalating risk that jurors and or necessary trial participants would need to quarantine, thus disrupting trial — putting at risk our ability to complete this trial. Put simply, I conclude that proceeding this way is the best chance to both give the jury as much time as they need and to avoid a mistrial as a result of the omicron variant.”
Nathan said she would not force jurors to come in if they had unmovable commitments.
In excusing jurors for the day on Tuesday, Nathan asked them to continue to wear high-quality masks at all times and maintain distance in the jury room. She also offered to provide them transportation to and from the lower Manhattan courthouse.
“I am going to ask that deliberations continue going forward on the schedule every day this week until a verdict is reached, so please make yourselves available should it be necessary to sit for deliberations for the remainder of the week,” she said.
“Of course, by this, I don’t mean to pressure you in any way — you should take all the time that you need. Have a good night. Stay safe and healthy.”
Maxwell’s attorneys have fought against telling the jury to extend their deliberations, and contend that telling jurors they might deliberate through the weekend improperly implies they should hurry up.
Maxwell appeared to be smiling when she entered the courtroom at 9:48 a.m. wearing black on black, her green folio tucked under her arm.
As a prosecutor disputed her defense’s latest argument about instructions to the jury regarding how to debate one of the charges, Maxwell sat back and threw her right arm over the back of her chair, exuding an air of resignation.
Maxwell, 60, has pleaded not guilty to charges she aided Epstein in a decadelong scheme to transport teenage girls as young as 14 to his private properties in the U.S. and Europe for sexual abuse.
Maxwell contends government prosecutors have scapegoated her in her ex-boyfriend’s absence since he hanged himself while awaiting trial on similar charges and could not be brought to justice.
Her lawyers have argued that dating Epstein was the biggest mistake of her life — but one that was not a crime.
