1 00:00:00,480 --> 00:00:05,680 Speaker 1: You're listening to Bloomberg Law with June Grosso from Bloomberg Radio. 2 00:00:07,120 --> 00:00:10,760 Speaker 1: Unsealed documents show that Jeffrey Epstein was offering advice to 3 00:00:10,840 --> 00:00:15,360 Speaker 1: Glaine Maxwell as late as despite her lawyer's statement that 4 00:00:15,400 --> 00:00:19,000 Speaker 1: the British socialite had no contact with the disgrace financier 5 00:00:19,079 --> 00:00:21,799 Speaker 1: in a decade. Maxwell is in a federal jail in 6 00:00:21,840 --> 00:00:25,079 Speaker 1: Brooklyn after her arrest this month on charges of engaging 7 00:00:25,079 --> 00:00:28,240 Speaker 1: with Epstein in a sex trafficking scheme. She's trying to 8 00:00:28,280 --> 00:00:32,000 Speaker 1: stop the disclosure of documents that include her sworn testimony 9 00:00:32,040 --> 00:00:35,000 Speaker 1: in a civil case. Joining me is Bloomberg Legal reporter 10 00:00:35,040 --> 00:00:38,560 Speaker 1: Patricia Hurtado, who has been covering the Maxwell case that 11 00:00:38,760 --> 00:00:41,720 Speaker 1: give us the background on these documents. So this is 12 00:00:41,720 --> 00:00:45,600 Speaker 1: a prolonged involved story goes back to there was a 13 00:00:45,720 --> 00:00:49,640 Speaker 1: young woman named Virginia Robert Gufrey, and she says that 14 00:00:49,720 --> 00:00:53,720 Speaker 1: when she was sixteen years old, she encounters Gawayne Maxwell 15 00:00:53,960 --> 00:00:57,080 Speaker 1: at mar Lago. Her dad worked there as a maintenance man. 16 00:00:57,200 --> 00:00:59,920 Speaker 1: He gets her a job at the spa. She's handing 17 00:01:00,040 --> 00:01:03,120 Speaker 1: out towels and a lovely woman British woman comes up 18 00:01:03,120 --> 00:01:05,520 Speaker 1: to her and sees her reading a book about massage 19 00:01:05,920 --> 00:01:09,080 Speaker 1: and offers her a job working for this wealthy man 20 00:01:09,120 --> 00:01:12,080 Speaker 1: who wants to looking for a private massuit. She said 21 00:01:12,120 --> 00:01:15,560 Speaker 1: she was sixteen years old at the time, so she 22 00:01:15,680 --> 00:01:18,080 Speaker 1: goes to the mansion through if it turns out she's 23 00:01:18,080 --> 00:01:24,960 Speaker 1: introduced Jeffrey Epstein and he immediately and Maxwell, she alleges 24 00:01:25,600 --> 00:01:29,280 Speaker 1: forced her to perform sex acts with the two of 25 00:01:29,280 --> 00:01:33,680 Speaker 1: them present, and she became a sex slave. She and 26 00:01:33,920 --> 00:01:41,560 Speaker 1: alleges that was in thousands. So then she ends up 27 00:01:42,400 --> 00:01:45,399 Speaker 1: trying to join a lawsuit with victims of Epstein after 28 00:01:45,480 --> 00:01:49,120 Speaker 1: Epstein gets his secret plea deal, and she makes some 29 00:01:49,280 --> 00:01:54,200 Speaker 1: comments about Maxwell publicly and Maxwell comes back and issues 30 00:01:54,200 --> 00:02:00,000 Speaker 1: a press release in January twenty sixteen. She makes statements 31 00:01:59,840 --> 00:02:03,440 Speaker 1: and says that this woman is a liar. It provoked 32 00:02:03,720 --> 00:02:09,079 Speaker 1: or prompts a defamation lawsuit. Gufrey sues Maxwell for defamation 33 00:02:09,680 --> 00:02:16,120 Speaker 1: and Maxwell gave testimony under oath questioned about this steps trafficking. 34 00:02:16,840 --> 00:02:22,120 Speaker 1: Guffrey was very very aggressive. Her lawyers included David Boys 35 00:02:22,120 --> 00:02:25,840 Speaker 1: and this guy Bradley Edwards and as Pottinger in Florida, 36 00:02:26,440 --> 00:02:30,520 Speaker 1: and they really went to question Maxwell at people that 37 00:02:30,600 --> 00:02:34,840 Speaker 1: worked at the Epstein home in Palm beach, all kinds 38 00:02:34,880 --> 00:02:38,959 Speaker 1: of allegations. So Gufrase alleged was forced to have sex, 39 00:02:39,040 --> 00:02:42,480 Speaker 1: that she was trafficed to these famous men, including alleged 40 00:02:42,600 --> 00:02:49,120 Speaker 1: princes passively, Prince Andrew, she's named him, and Maxwell denies it. 41 00:02:49,639 --> 00:02:52,720 Speaker 1: So what happens is this stuff was all settled right 42 00:02:52,760 --> 00:02:56,320 Speaker 1: on the eve of trial. The tifteen lawsuits got settled 43 00:02:56,440 --> 00:03:00,280 Speaker 1: right before trial, and then the documents were understealed. So 44 00:03:00,360 --> 00:03:04,919 Speaker 1: how did all those sealed documents get unsealed before Jeffrey 45 00:03:04,960 --> 00:03:11,640 Speaker 1: Epstein's suicide. But after Epstein gets prosecuted, the Miami Herald 46 00:03:12,160 --> 00:03:17,600 Speaker 1: goes to ask why is this sealed? And the Court 47 00:03:17,600 --> 00:03:21,640 Speaker 1: of Appeals, Second Circuit Court of Appeals directed that the 48 00:03:21,760 --> 00:03:25,840 Speaker 1: judge who had originally had the lawsuits didn't properly seal. 49 00:03:26,000 --> 00:03:29,120 Speaker 1: He shouldn't have properly sealed everything. It was improper to 50 00:03:29,200 --> 00:03:33,680 Speaker 1: keep all the documents from the public. And so that's 51 00:03:33,680 --> 00:03:37,480 Speaker 1: how we get to this point. The circuit orders last August, 52 00:03:37,880 --> 00:03:41,120 Speaker 1: they order all these documents and seals, and all the 53 00:03:41,160 --> 00:03:44,720 Speaker 1: documents start hitting the dockets and the next day Jeffrey 54 00:03:44,840 --> 00:03:47,840 Speaker 1: Epstein is found dead in his jail cell of an 55 00:03:47,840 --> 00:03:52,920 Speaker 1: apparent suicide. So the document release was sent back to 56 00:03:53,000 --> 00:03:56,600 Speaker 1: a new federal judge to provide over what's properly unsealed 57 00:03:56,600 --> 00:03:58,760 Speaker 1: and what should not be properly unsealed. And you can 58 00:03:58,800 --> 00:04:02,600 Speaker 1: imagine there's all these implications for other people whose names 59 00:04:02,640 --> 00:04:06,520 Speaker 1: may can't come up, other victims who allegedly were there 60 00:04:06,600 --> 00:04:10,240 Speaker 1: when the trafficking occurred or were also traffic who may 61 00:04:10,240 --> 00:04:12,320 Speaker 1: not want to have their names come out. So there's 62 00:04:12,360 --> 00:04:14,840 Speaker 1: like a Jane Doe one, and a Jane Doe two, 63 00:04:15,200 --> 00:04:20,920 Speaker 1: and multiple Jane does and also John does. So Judge Prescott, 64 00:04:21,360 --> 00:04:24,480 Speaker 1: July twenty three, she held a hearing after you know, 65 00:04:24,560 --> 00:04:27,000 Speaker 1: Maxwell has now been charged and says, okay, let's go 66 00:04:27,080 --> 00:04:29,599 Speaker 1: and have a hearing about what you get unsealed. So 67 00:04:29,880 --> 00:04:33,279 Speaker 1: she ordered the first transfer documents to be unsealed last 68 00:04:33,360 --> 00:04:36,760 Speaker 1: Thursday night. So that's how we get to this testimony. 69 00:04:37,120 --> 00:04:42,279 Speaker 1: Maxwell was questioned under oath. The government used the testimony 70 00:04:42,320 --> 00:04:45,200 Speaker 1: as a basis they say she lied and committed to 71 00:04:45,440 --> 00:04:49,240 Speaker 1: counts of perjury for lying when she claimed she was 72 00:04:49,320 --> 00:04:53,599 Speaker 1: never present when Epstein may have been sexually abusing underage girls, 73 00:04:54,000 --> 00:04:56,440 Speaker 1: nor had she seen anything like it. She was not 74 00:04:56,520 --> 00:05:00,680 Speaker 1: aware of that activity illegal activity, nor was President ever 75 00:05:00,720 --> 00:05:05,480 Speaker 1: witnessing it, so that testimony remains under steal because she 76 00:05:05,560 --> 00:05:08,479 Speaker 1: went for an emergency motion and asked the Quarter of 77 00:05:08,520 --> 00:05:14,320 Speaker 1: Appeals to again stop the release Thursday night. So that 78 00:05:14,400 --> 00:05:17,520 Speaker 1: was on the eleventh hour stop to that part. But 79 00:05:17,640 --> 00:05:20,240 Speaker 1: the rest of the documents hit the docket starting at 80 00:05:20,279 --> 00:05:24,240 Speaker 1: like nine thirty on Thursday night. How many documents are 81 00:05:24,400 --> 00:05:29,800 Speaker 1: already out. Two thousand pages were released in August, so 82 00:05:29,839 --> 00:05:34,520 Speaker 1: that's when we started first seeing these allegations of possible 83 00:05:34,880 --> 00:05:40,960 Speaker 1: you know, Prince Andrew's involvement. Some captains of industry were implicated, 84 00:05:41,200 --> 00:05:45,600 Speaker 1: some senators, some former presidents uh their allegations. There were 85 00:05:45,640 --> 00:05:49,040 Speaker 1: flight records of people who were on the plane to 86 00:05:49,240 --> 00:05:52,920 Speaker 1: Epstein's Island in the Virgin Islands. What's her legal argument 87 00:05:53,440 --> 00:05:56,560 Speaker 1: to stop the release of the deposition, Well, I mean 88 00:05:56,640 --> 00:06:00,360 Speaker 1: it's it's unusual because the you know Federal with Heel's 89 00:06:00,440 --> 00:06:03,440 Speaker 1: Court already ruled we should be un sealed, and then 90 00:06:03,560 --> 00:06:06,240 Speaker 1: the judge was ruling she reviewed it and said she 91 00:06:06,279 --> 00:06:10,240 Speaker 1: didn't see a problem. But now Maxwell is making this 92 00:06:10,800 --> 00:06:15,920 Speaker 1: argument that oh, I'm under indictment, so my testimony, if 93 00:06:15,960 --> 00:06:19,039 Speaker 1: any potential juror reads it, I won't be able to 94 00:06:19,040 --> 00:06:21,280 Speaker 1: get a fair trial and they'll judge me based on 95 00:06:21,320 --> 00:06:26,040 Speaker 1: this testimony coming out now. So she'd won a temporary stay, 96 00:06:26,160 --> 00:06:29,360 Speaker 1: but the circuit told her they want to hear oral 97 00:06:29,520 --> 00:06:33,400 Speaker 1: arguments on September twenty two, and in the meantime, Judge 98 00:06:33,480 --> 00:06:37,000 Speaker 1: Loretta Prescot, who is presiding over the un sealing the 99 00:06:37,040 --> 00:06:40,400 Speaker 1: federal judge in Manhattan, she's ordered them to get ready 100 00:06:40,400 --> 00:06:44,719 Speaker 1: for another state of documents. So on Thursday night we 101 00:06:44,800 --> 00:06:49,240 Speaker 1: saw about fifty documents with hundreds of pages of evidence 102 00:06:49,279 --> 00:06:56,119 Speaker 1: coming out um, including Gufrey's deposition which she gave under oath. 103 00:06:56,240 --> 00:06:59,120 Speaker 1: There were excerpts that had been under steal, and we 104 00:06:59,200 --> 00:07:01,440 Speaker 1: saw a little bit more about that. It seems a 105 00:07:01,480 --> 00:07:06,600 Speaker 1: little disingenuous for Maxwell to want to conceal this deposition 106 00:07:06,640 --> 00:07:10,440 Speaker 1: in the papers. When she tried to get the judge 107 00:07:10,480 --> 00:07:16,720 Speaker 1: to agree to let her lawyers openly identify her accusers 108 00:07:17,040 --> 00:07:22,400 Speaker 1: in public. Yeah, that was It's It's interesting because her 109 00:07:22,600 --> 00:07:27,000 Speaker 1: civil lawyers in the defamation lawsuits are also part of 110 00:07:27,000 --> 00:07:30,160 Speaker 1: the team that's defending her in this criminal case. And 111 00:07:30,280 --> 00:07:35,160 Speaker 1: I guess it makes sense that these lawyers from Denver 112 00:07:35,360 --> 00:07:38,000 Speaker 1: have great expertise. They know all that what's out there 113 00:07:38,040 --> 00:07:41,760 Speaker 1: against her, but um, it was an interesting tactic. They 114 00:07:41,880 --> 00:07:45,000 Speaker 1: wanted to be able to identify the accusers by name. 115 00:07:45,600 --> 00:07:48,720 Speaker 1: It's called protective orders, and they're becoming really common nowadays 116 00:07:48,720 --> 00:07:52,080 Speaker 1: for federal prosecutors to say that the lawyers will give 117 00:07:52,120 --> 00:07:55,040 Speaker 1: you the evidence, but you are prohibited from releasing it 118 00:07:55,120 --> 00:07:59,080 Speaker 1: to anyone and you could face criminal prosecution if you 119 00:07:59,280 --> 00:08:02,400 Speaker 1: leak it to one. So that's a way of keeping 120 00:08:02,440 --> 00:08:04,920 Speaker 1: things out of anyone else's hands, and it's just about 121 00:08:04,920 --> 00:08:07,880 Speaker 1: the lawyer's eyes only. But what they wanted to do 122 00:08:08,080 --> 00:08:10,000 Speaker 1: is they would see the names of the victims, and 123 00:08:10,040 --> 00:08:13,280 Speaker 1: they wanted to say the names of any victim that 124 00:08:13,520 --> 00:08:17,040 Speaker 1: had possibly in a tweet or on a Reddit posting 125 00:08:17,240 --> 00:08:20,440 Speaker 1: said oh yeah, hashtag me too, I was an Epstein victim, 126 00:08:20,600 --> 00:08:23,640 Speaker 1: or I agree with you he's a terrible person, or whatever. 127 00:08:23,920 --> 00:08:25,520 Speaker 1: They wanted to be able. They said that was in 128 00:08:25,600 --> 00:08:27,960 Speaker 1: the public forum, and they wanted to be able to 129 00:08:28,040 --> 00:08:31,000 Speaker 1: name those people. The judge in the criminal case said no, 130 00:08:31,720 --> 00:08:34,880 Speaker 1: but it's an interesting um argument. And the thing that 131 00:08:35,160 --> 00:08:39,280 Speaker 1: was also interesting that Judge Prescus stated in her ruling 132 00:08:39,400 --> 00:08:42,240 Speaker 1: she was kind of surprised by Maxwell trying to keep 133 00:08:42,240 --> 00:08:46,120 Speaker 1: her testimony from becoming public basically, Presca said, when asked 134 00:08:46,160 --> 00:08:49,240 Speaker 1: about all this activity, she basically denied knowing anything that's 135 00:08:49,240 --> 00:08:51,880 Speaker 1: going on. So like, how bad could it be if 136 00:08:51,920 --> 00:08:56,480 Speaker 1: she basically doesn't answer questions or denies anything. What did 137 00:08:56,520 --> 00:09:02,000 Speaker 1: you learn from the documents that were released already? You know, 138 00:09:02,120 --> 00:09:08,839 Speaker 1: it's it's dizzy and uh, mind boggling, how intense all this, 139 00:09:09,640 --> 00:09:12,080 Speaker 1: you know, these what these girls went through. I mean 140 00:09:12,360 --> 00:09:15,360 Speaker 1: I had read most of the stuff before, but when 141 00:09:15,400 --> 00:09:18,800 Speaker 1: you go back, one of the things Virginia Jufrey wrote 142 00:09:18,840 --> 00:09:22,240 Speaker 1: was called The Billionaire Playboys Club, and it was like 143 00:09:22,280 --> 00:09:26,840 Speaker 1: a novel that she serialized or novelized her life, and 144 00:09:27,960 --> 00:09:31,720 Speaker 1: it was it's like stunning too when you read, you know, 145 00:09:32,400 --> 00:09:35,480 Speaker 1: sixteen year old going to the South of France for 146 00:09:35,640 --> 00:09:40,040 Speaker 1: Naomi Campbell's birthday party, and what happens when you go 147 00:09:40,200 --> 00:09:45,120 Speaker 1: there when all these potentates and wealthy men are there. 148 00:09:45,400 --> 00:09:49,240 Speaker 1: And she said she was, you know, gots struck by 149 00:09:49,320 --> 00:09:51,960 Speaker 1: how amazing she was with all these celebrities wearing a 150 00:09:52,000 --> 00:09:54,800 Speaker 1: pretty dress that the night ends up getting her farmed 151 00:09:54,800 --> 00:09:58,040 Speaker 1: out to a wealthy man as a friend of Jeffrey Epstein. 152 00:09:58,520 --> 00:10:01,280 Speaker 1: It's so tawdry and it's it's really kind of you 153 00:10:01,320 --> 00:10:04,559 Speaker 1: know how Epstein had a lot of connections, a lot 154 00:10:04,600 --> 00:10:07,280 Speaker 1: of friends. There he is kissing Naomi Campbell. There's delay 155 00:10:07,360 --> 00:10:10,959 Speaker 1: Maxwell kissing Naomi Campbell Hello friends and getting invited to 156 00:10:11,000 --> 00:10:14,200 Speaker 1: her birthday party in the south of France in Santo Pay. 157 00:10:14,360 --> 00:10:16,880 Speaker 1: But you can kind of see how these poor kids 158 00:10:17,000 --> 00:10:19,360 Speaker 1: might have gotten. Some of them came from very broken 159 00:10:19,400 --> 00:10:23,680 Speaker 1: homes or runaways or came from troubled homes, and Epstein 160 00:10:23,760 --> 00:10:27,880 Speaker 1: and Maxwell allegedly kind of hooked up on those people 161 00:10:28,080 --> 00:10:31,760 Speaker 1: to lure them into their world. We also saw a 162 00:10:31,920 --> 00:10:37,040 Speaker 1: very unusual thing, which was Maxwell's lawyers claimed that after 163 00:10:37,480 --> 00:10:41,120 Speaker 1: in the last ten years, Maxwell had not had any 164 00:10:41,160 --> 00:10:45,000 Speaker 1: communication with Epstein and they proffered that to the judge 165 00:10:45,080 --> 00:10:47,600 Speaker 1: and asking for bail, that she had nothing to do 166 00:10:47,679 --> 00:10:50,480 Speaker 1: with him and she hasn't spoken to him for ten years. 167 00:10:50,559 --> 00:10:54,480 Speaker 1: And what was released by Judge Prescott also on Thursday 168 00:10:54,520 --> 00:10:59,640 Speaker 1: were a series of emails that Epstein traded with Maxwell 169 00:11:00,080 --> 00:11:05,280 Speaker 1: in January, basically him telling her how to handle this 170 00:11:05,679 --> 00:11:09,520 Speaker 1: flare up of Geuffrey making these allegations against her being 171 00:11:09,960 --> 00:11:12,679 Speaker 1: ef steamed, madam, you know, hold your head up high, 172 00:11:13,080 --> 00:11:18,880 Speaker 1: go to parties. These women are they're just gossip mongers. Um, 173 00:11:19,080 --> 00:11:21,680 Speaker 1: it's it's pretty interesting. They seem to have had a 174 00:11:21,800 --> 00:11:26,920 Speaker 1: very close relationship. Even still despite what the lawyer claimed 175 00:11:27,920 --> 00:11:31,600 Speaker 1: that it had been ten years. Here was January, these 176 00:11:31,600 --> 00:11:36,640 Speaker 1: emails were exchanged. Since the second Circuit already ordered these 177 00:11:36,679 --> 00:11:40,280 Speaker 1: documents released before, what are the chances that they'll now 178 00:11:40,320 --> 00:11:45,000 Speaker 1: say no, don't release them. Yeah, that's a good, very 179 00:11:45,000 --> 00:11:49,720 Speaker 1: good question. And what the circuit did originally and last 180 00:11:49,800 --> 00:11:52,840 Speaker 1: year it's ordered much of the documents. There was apparently 181 00:11:52,960 --> 00:11:56,760 Speaker 1: some just some agreements that the document certain documents already 182 00:11:56,760 --> 00:11:59,439 Speaker 1: got released. That's how we got those two thousand last August. 183 00:12:00,000 --> 00:12:02,760 Speaker 1: But they also directed there were some documents that should 184 00:12:02,800 --> 00:12:05,959 Speaker 1: go back to the trial judge or a lower court judge, 185 00:12:06,000 --> 00:12:08,839 Speaker 1: which is how PRESCO got it to determine what should 186 00:12:08,880 --> 00:12:12,280 Speaker 1: be you know, filtered, what should be redacted, What was 187 00:12:12,360 --> 00:12:16,880 Speaker 1: anything named anybody that had never come public before. So 188 00:12:17,200 --> 00:12:20,360 Speaker 1: it really is going to be interesting. I don't know 189 00:12:20,440 --> 00:12:23,520 Speaker 1: exactly who's on the panel, and I think we know 190 00:12:23,760 --> 00:12:27,400 Speaker 1: two judges and um, it remains to be seen if 191 00:12:27,440 --> 00:12:30,120 Speaker 1: the three judges on the in the panel how they 192 00:12:30,240 --> 00:12:33,760 Speaker 1: view this latest attempt by her, because they've already and 193 00:12:33,760 --> 00:12:37,040 Speaker 1: they also have the comments Judge Presco has made. She's 194 00:12:37,080 --> 00:12:40,720 Speaker 1: done the review in camera looking at Maxwell's testimony, and 195 00:12:40,760 --> 00:12:43,640 Speaker 1: she said, I don't have a problem releasing this. And 196 00:12:43,640 --> 00:12:47,000 Speaker 1: then she also argued, Uh, the judgment noted in her 197 00:12:47,120 --> 00:12:52,160 Speaker 1: ruling that Maxwell had been charged on July second, and 198 00:12:52,240 --> 00:12:56,160 Speaker 1: yet her lawyers didn't bother coming to her and saying, oh, no, 199 00:12:56,360 --> 00:12:59,200 Speaker 1: we have a criminal case. Now halt the release of 200 00:12:59,200 --> 00:13:03,960 Speaker 1: these documents until like last week. So she's like, what, 201 00:13:03,960 --> 00:13:06,200 Speaker 1: what took you three weeks to come to me? Um? 202 00:13:06,320 --> 00:13:10,720 Speaker 1: She called it an eleventh hour last effort. Just update 203 00:13:10,880 --> 00:13:15,320 Speaker 1: us on where Maxwell is right now and are there 204 00:13:15,360 --> 00:13:20,280 Speaker 1: any more attempts on her part to get released? So far, 205 00:13:20,320 --> 00:13:24,520 Speaker 1: we haven't seen anything like that. Um. If she's in 206 00:13:25,080 --> 00:13:29,760 Speaker 1: the Brooklyn lock up and by Sunset Park, by the 207 00:13:29,800 --> 00:13:33,800 Speaker 1: b QUE, it's probably kind of grim. She probably will 208 00:13:33,840 --> 00:13:37,200 Speaker 1: make another effort. The judge is basically said, because of 209 00:13:37,200 --> 00:13:40,440 Speaker 1: her ties, because she's a you know, French citizen, she 210 00:13:40,520 --> 00:13:43,560 Speaker 1: could go to France and flee and then she couldn't 211 00:13:43,600 --> 00:13:47,760 Speaker 1: be extradited. So, um, you know, the next step we 212 00:13:47,840 --> 00:13:52,280 Speaker 1: have is oral arguments in September. I suspect that her 213 00:13:52,400 --> 00:13:55,800 Speaker 1: lawyers are going to make a full throated the sense 214 00:13:55,880 --> 00:13:59,800 Speaker 1: of her on both tacks, you know, both the guffre 215 00:14:00,200 --> 00:14:04,319 Speaker 1: versus Maxwell lawsuits, civil suits as well as you know, 216 00:14:04,679 --> 00:14:07,559 Speaker 1: making filings. I mean, what we saw was really unusual. 217 00:14:07,600 --> 00:14:11,080 Speaker 1: It was this effort to the bid Bibo defense lawyers 218 00:14:11,120 --> 00:14:13,920 Speaker 1: to name the victims, which is pretty unheard of. And 219 00:14:13,960 --> 00:14:17,000 Speaker 1: the judge kind of noted that that victims are you know, 220 00:14:17,200 --> 00:14:22,040 Speaker 1: accorded a certain amount of privacy, and you know, it 221 00:14:22,120 --> 00:14:27,040 Speaker 1: might even seem like an attempt to quiet the women 222 00:14:27,240 --> 00:14:30,640 Speaker 1: of the female accusers. A lot of these defense tactics 223 00:14:30,680 --> 00:14:35,600 Speaker 1: like naming the alleged victims seem manipulative and tawdry, and 224 00:14:35,640 --> 00:14:41,120 Speaker 1: if they're worried about pre trial publicity influencing potential jurors, 225 00:14:41,160 --> 00:14:45,800 Speaker 1: these tactics certainly wouldn't endear them to potential jurors. Yeah, 226 00:14:45,840 --> 00:14:50,760 Speaker 1: I I agree with you. It doesn't look, um, particularly 227 00:14:51,440 --> 00:14:56,280 Speaker 1: endearing for a defendant to go after people who your 228 00:14:56,280 --> 00:15:01,320 Speaker 1: young women who were you know, thirteen fourteen years of age. Um. 229 00:15:01,360 --> 00:15:04,280 Speaker 1: But I guess you know, we certainly saw that out 230 00:15:04,320 --> 00:15:09,920 Speaker 1: of Epstein, where his lawyers argued that these were transactions 231 00:15:09,920 --> 00:15:14,880 Speaker 1: with young women who were basically prostitutes, and the judge 232 00:15:15,000 --> 00:15:17,640 Speaker 1: who had that case, raised his eyebrow and said that 233 00:15:17,720 --> 00:15:20,440 Speaker 1: these are underage girls, so it doesn't matter if they 234 00:15:20,480 --> 00:15:24,520 Speaker 1: supposedly were engaging in which you call like legitimate transactions 235 00:15:24,600 --> 00:15:27,760 Speaker 1: or consensual. How can it be consensual when they're underage. 236 00:15:27,840 --> 00:15:31,800 Speaker 1: You don't have consent when you're fifteen. So um, it 237 00:15:31,880 --> 00:15:33,600 Speaker 1: remains to be seen. You know. I guess it's a 238 00:15:33,680 --> 00:15:37,560 Speaker 1: fine narrow line they're gonna have to tread. Maybe they're 239 00:15:37,600 --> 00:15:41,880 Speaker 1: hoping that they'll just do a full throttle defensive galine 240 00:15:42,240 --> 00:15:46,480 Speaker 1: at before trial, and then maybe the judge won't be endeared, 241 00:15:46,520 --> 00:15:49,640 Speaker 1: but at least they'll be defending her their client, And 242 00:15:49,680 --> 00:15:52,920 Speaker 1: then maybe they're hoping that any potential jurors will forget 243 00:15:53,320 --> 00:15:55,760 Speaker 1: by the time they get to jury selection in July 244 00:15:56,080 --> 00:15:59,200 Speaker 1: of next year. Thanks for being on the Bloomberg Law Show, Pat, 245 00:15:59,520 --> 00:16:04,080 Speaker 1: That's what is Sha Hurtado, Bloomberg Legal reporter. A federal 246 00:16:04,080 --> 00:16:07,560 Speaker 1: appeals court has thrown out Joe Harsnayev's death sentence in 247 00:16:07,600 --> 00:16:11,760 Speaker 1: the Boston marathon bombing. A three judge panel of the 248 00:16:11,800 --> 00:16:14,840 Speaker 1: First Circuit Court of Appeals ordered a new penalty phase 249 00:16:14,960 --> 00:16:17,880 Speaker 1: trial on whether the twenty seven year old Sir Nieves 250 00:16:17,880 --> 00:16:21,040 Speaker 1: should be executed for the attack that killed three people 251 00:16:21,360 --> 00:16:24,560 Speaker 1: and wounded more than two hundred sixty others. The panel 252 00:16:24,640 --> 00:16:27,720 Speaker 1: said there was massive media coverage and the trial judge 253 00:16:27,720 --> 00:16:31,880 Speaker 1: did not adequately screen jurors for potential biases. Sir Nieve 254 00:16:31,880 --> 00:16:34,080 Speaker 1: will spend the rest of his life in prison, but 255 00:16:34,120 --> 00:16:36,200 Speaker 1: it will be up to the U. S. Attorney's Office 256 00:16:36,320 --> 00:16:39,440 Speaker 1: to decide whether to appeal the decision or retry the 257 00:16:39,520 --> 00:16:42,880 Speaker 1: death penalty portion of the case. My guest is Robert Bloom, 258 00:16:42,920 --> 00:16:46,840 Speaker 1: a professor at Boston College Law School. The appellate court 259 00:16:47,120 --> 00:16:52,120 Speaker 1: said the jurors weren't properly screened. How so, what problems 260 00:16:52,120 --> 00:16:55,320 Speaker 1: did they find with the screening. Well, one of the 261 00:16:55,440 --> 00:17:00,680 Speaker 1: major problems was the use of social media, especially twitters 262 00:17:00,840 --> 00:17:05,280 Speaker 1: or read twitters or whatever they call it. And apparently 263 00:17:05,359 --> 00:17:12,240 Speaker 1: one juror tweeted that he called there of garbage and 264 00:17:12,440 --> 00:17:15,439 Speaker 1: the judge, who asked a lot of questions about media, 265 00:17:15,760 --> 00:17:20,119 Speaker 1: didn't really get into the social media. So the appellate 266 00:17:20,200 --> 00:17:24,720 Speaker 1: Court wanted to make sure that the jury which which 267 00:17:24,800 --> 00:17:29,560 Speaker 1: decided on sentencing was fear and they said that the 268 00:17:29,640 --> 00:17:32,840 Speaker 1: judge should have done more. The judge did a good bit, 269 00:17:32,920 --> 00:17:36,360 Speaker 1: but he should have done more to make sure that 270 00:17:36,520 --> 00:17:42,000 Speaker 1: nobody was using social media or was reading newspapers. In addition, 271 00:17:42,119 --> 00:17:44,880 Speaker 1: one of the jurors said he didn't stay at home 272 00:17:45,040 --> 00:17:47,720 Speaker 1: during the time that they were looking. He had a 273 00:17:47,760 --> 00:17:52,600 Speaker 1: shelter in place, and he apparently said he didn't, but 274 00:17:52,680 --> 00:17:58,000 Speaker 1: he actually did. So there's some indication of a lack 275 00:17:58,080 --> 00:18:02,960 Speaker 1: of fairness given bias of those particular drawers. Can a 276 00:18:03,119 --> 00:18:06,879 Speaker 1: judge really find out if someone is lying in that respect? 277 00:18:07,000 --> 00:18:10,440 Speaker 1: I mean, how can I judge monitor social media? Isn't 278 00:18:10,520 --> 00:18:13,680 Speaker 1: up to the lawyers, the defense and the prosecution to 279 00:18:13,720 --> 00:18:17,000 Speaker 1: bring forth some things that might be troubling about a juror. 280 00:18:17,600 --> 00:18:20,840 Speaker 1: There's just so much out there these days. And what 281 00:18:20,840 --> 00:18:24,520 Speaker 1: what's supposed to occur as the jurors are seated is 282 00:18:24,560 --> 00:18:29,960 Speaker 1: something called wada, and the judge will get questions from 283 00:18:30,040 --> 00:18:34,960 Speaker 1: both sides and we'll ask those questions. There's no there's 284 00:18:35,040 --> 00:18:39,000 Speaker 1: very little investigative peace. The lawyers don't know who the 285 00:18:39,080 --> 00:18:42,200 Speaker 1: drawers are going to be. It's a big pool. This 286 00:18:42,280 --> 00:18:47,640 Speaker 1: judge also had questionnaires for the drawers, which both attorneys got, 287 00:18:48,600 --> 00:18:53,480 Speaker 1: so so there's not an investigative The investigation comes from 288 00:18:53,520 --> 00:18:57,200 Speaker 1: asking questions and you hope the drawers are telling the truth. 289 00:18:57,840 --> 00:19:01,080 Speaker 1: One of the primary defense are events was that it 290 00:19:01,240 --> 00:19:05,359 Speaker 1: was error to even hold the trial in Boston. What 291 00:19:05,440 --> 00:19:09,159 Speaker 1: did the appellate courts say about that? They only focused 292 00:19:09,160 --> 00:19:12,800 Speaker 1: in on the sentencing hearing, So I guess they concluded 293 00:19:13,560 --> 00:19:18,240 Speaker 1: that holding trial itself not the sentencing hearing. By the way, 294 00:19:18,240 --> 00:19:21,200 Speaker 1: the sentencing hearing is the continuation of the trial. They 295 00:19:21,240 --> 00:19:25,800 Speaker 1: felt that was okay. Apparently they described the media attention 296 00:19:25,840 --> 00:19:29,800 Speaker 1: as unrivaled in American legal history, and the O. J. 297 00:19:29,880 --> 00:19:32,199 Speaker 1: Simpson trial came to mind, because with the O. J. 298 00:19:32,280 --> 00:19:36,520 Speaker 1: Simpson trial, people were watching every minute of it across 299 00:19:36,600 --> 00:19:40,879 Speaker 1: the country. You're in Boston. Was it a microcosm of 300 00:19:40,920 --> 00:19:45,680 Speaker 1: that in Boston for this trial? Absolutely there were news 301 00:19:45,720 --> 00:19:51,359 Speaker 1: reports Daley, and you know, initially was the horror of 302 00:19:51,600 --> 00:19:56,959 Speaker 1: the marathon bombing in the capture of Tanara. Almost on 303 00:19:57,000 --> 00:20:02,400 Speaker 1: a daily basis, deal was news media reports about the marathon. 304 00:20:02,840 --> 00:20:06,840 Speaker 1: So there was a great deal of publicity. Certainly there 305 00:20:06,920 --> 00:20:12,040 Speaker 1: was all kinds of media attention, TV radio, a lot 306 00:20:12,080 --> 00:20:16,040 Speaker 1: of it. If this decision stands, the defense will try 307 00:20:16,080 --> 00:20:19,360 Speaker 1: to move the case out of Boston again, most likely, 308 00:20:19,840 --> 00:20:24,760 Speaker 1: so seven years later, is the same bias evident in 309 00:20:24,840 --> 00:20:29,640 Speaker 1: Boston as it was before, Well, it's obviously less. The 310 00:20:29,800 --> 00:20:33,200 Speaker 1: heelicourt didn't say you can't have it in Boston. They 311 00:20:33,240 --> 00:20:37,200 Speaker 1: just said, if you decide to have it anywhere, make 312 00:20:37,359 --> 00:20:42,199 Speaker 1: sure you ask enough questions so that decision makers, the 313 00:20:42,280 --> 00:20:47,280 Speaker 1: jurors will act fairly. In a death penalty VOI dear, 314 00:20:47,760 --> 00:20:51,600 Speaker 1: doesn't that always get you a jury that is perhaps 315 00:20:51,640 --> 00:20:55,880 Speaker 1: more pro law then you would ordinarily get because they're 316 00:20:55,920 --> 00:20:58,120 Speaker 1: able to say, yes, I'd give someone the death penalty. 317 00:20:58,560 --> 00:21:01,680 Speaker 1: You know, it's it's more the notion of considering it. 318 00:21:01,880 --> 00:21:04,640 Speaker 1: If they say they adamantly against the death penalty, then 319 00:21:04,680 --> 00:21:07,719 Speaker 1: obviously they would be challenged and they wouldn't be allowed 320 00:21:07,720 --> 00:21:10,720 Speaker 1: to sit on the second time around. What can a 321 00:21:10,840 --> 00:21:16,680 Speaker 1: judge do to try to ensure that there are unbiased jurors. Well, 322 00:21:16,680 --> 00:21:20,639 Speaker 1: he certainly can ask more questions about social media. He 323 00:21:20,720 --> 00:21:24,760 Speaker 1: can ask questions about whether or not somebody was sheltered 324 00:21:24,800 --> 00:21:28,240 Speaker 1: in place, so they can do a good deal more 325 00:21:28,320 --> 00:21:31,879 Speaker 1: of that kind of situation. By the way, they judge 326 00:21:31,880 --> 00:21:34,920 Speaker 1: didn't do a bad job. He had a long questionnaire 327 00:21:35,400 --> 00:21:38,240 Speaker 1: and what the just to screen out a bunch of 328 00:21:38,320 --> 00:21:42,480 Speaker 1: durs and then many questions were asked, but what there 329 00:21:42,640 --> 00:21:46,439 Speaker 1: took a while, but there were still some problems. According 330 00:21:46,480 --> 00:21:50,000 Speaker 1: to the Court of Appeals, So Sir Nayev's attorneys, in 331 00:21:50,080 --> 00:21:53,199 Speaker 1: trying to avoid the death sentence, argued that his older 332 00:21:53,240 --> 00:21:58,359 Speaker 1: brother had orchestrated the attack and influenced his younger brother. Yeah, 333 00:21:58,520 --> 00:22:02,919 Speaker 1: especially during the sentencing part of the trial. One of 334 00:22:02,960 --> 00:22:07,280 Speaker 1: the defenses arguments was that he was under the influence 335 00:22:07,480 --> 00:22:11,840 Speaker 1: of his older brother, so that the relationship with the 336 00:22:11,880 --> 00:22:18,359 Speaker 1: older brother was certainly an important part of the sentencing piece, 337 00:22:19,760 --> 00:22:23,960 Speaker 1: So tell us more about the brother well. The judge 338 00:22:24,720 --> 00:22:30,880 Speaker 1: refused to allow the notion that the brother was alleged 339 00:22:30,920 --> 00:22:36,920 Speaker 1: and being investigated for two thousand and twelve murder and um. 340 00:22:37,440 --> 00:22:44,520 Speaker 1: The appellate court thought that was important, especially if one 341 00:22:44,560 --> 00:22:46,960 Speaker 1: of the arguments that the defense was making that he 342 00:22:47,000 --> 00:22:49,560 Speaker 1: was under the influence of his brother. And if you 343 00:22:49,600 --> 00:22:52,919 Speaker 1: are under the influence of your brother and you know 344 00:22:53,000 --> 00:22:57,080 Speaker 1: that your brother has killed in the past, are alleged 345 00:22:57,119 --> 00:23:02,040 Speaker 1: to have killed in the past, then isn't that increase 346 00:23:02,920 --> 00:23:06,639 Speaker 1: the influence peace? And the appellate court thought that the 347 00:23:06,720 --> 00:23:10,040 Speaker 1: judge made an error in not allowing that information. In 348 00:23:11,520 --> 00:23:17,080 Speaker 1: judges are so reluctant to move trials for obvious reasons. 349 00:23:17,119 --> 00:23:19,120 Speaker 1: But do you think the judge in this case really 350 00:23:19,119 --> 00:23:22,879 Speaker 1: should have moved the trial? Well, um, you know, a 351 00:23:22,960 --> 00:23:27,080 Speaker 1: more apt example would probably be the Timothy McVeigh case, 352 00:23:28,119 --> 00:23:32,600 Speaker 1: where the trial judge did not have the trial in 353 00:23:32,680 --> 00:23:38,080 Speaker 1: Oklahoma City. I believe it was moved to Colorado. The 354 00:23:38,119 --> 00:23:43,400 Speaker 1: marathon in Boston is like the Fourth of July apple 355 00:23:43,480 --> 00:23:49,720 Speaker 1: Pie and the Red Sox. It's very big here in Boston, 356 00:23:50,400 --> 00:23:58,000 Speaker 1: So messing with this tradition was upsetting too many in 357 00:23:58,040 --> 00:24:02,520 Speaker 1: Greater Boston. M Some legal observers say that the U. S. 358 00:24:02,560 --> 00:24:06,440 Speaker 1: Attorney might go straight to the Supreme Court with an appeal. Well, 359 00:24:06,480 --> 00:24:09,719 Speaker 1: if they do that, okay, I'm not sure the Supreme 360 00:24:09,760 --> 00:24:12,720 Speaker 1: Court will take it because, as you read the decision, 361 00:24:13,080 --> 00:24:15,600 Speaker 1: there's a lot of facts that are that are utilized 362 00:24:15,680 --> 00:24:19,800 Speaker 1: by the appellate court, and usually the Supreme Court doesn't 363 00:24:19,880 --> 00:24:24,280 Speaker 1: want to get involved with all the facts that the 364 00:24:24,480 --> 00:24:31,159 Speaker 1: appellate court addressed. So my best guess is that it 365 00:24:31,240 --> 00:24:36,040 Speaker 1: won't be appealed to the Supreme Court at any rate. 366 00:24:36,520 --> 00:24:39,840 Speaker 1: If it is appealed to the Supreme Court, and for 367 00:24:39,880 --> 00:24:42,840 Speaker 1: some reason which I doubt, the Supreme court were to 368 00:24:42,920 --> 00:24:47,520 Speaker 1: take it. Then if they overturn the first circuit, then 369 00:24:47,560 --> 00:24:50,800 Speaker 1: the death penalty would still be on the table. On 370 00:24:50,840 --> 00:24:54,080 Speaker 1: the other hand, if they don't appeal it, the U. S. 371 00:24:54,119 --> 00:25:00,000 Speaker 1: Attorney with possibly the Justice Department in Washington being involved, 372 00:25:00,400 --> 00:25:06,120 Speaker 1: can retry SNAr with regard to the sentencing piece. Automatically, 373 00:25:06,119 --> 00:25:09,360 Speaker 1: you can do it. The Peller Court said they throughout 374 00:25:09,400 --> 00:25:11,320 Speaker 1: the initial one, but they said you could do it 375 00:25:11,359 --> 00:25:14,719 Speaker 1: again if you wanted, and is it likely that they 376 00:25:14,760 --> 00:25:17,880 Speaker 1: will do it again. The victims would have to relive 377 00:25:18,200 --> 00:25:21,640 Speaker 1: this all over again if there's a retrial of the 378 00:25:21,840 --> 00:25:27,280 Speaker 1: penalty phase. There was a letter published at the time 379 00:25:27,359 --> 00:25:30,480 Speaker 1: of the sentencing phase, or as it was about to begin. 380 00:25:31,000 --> 00:25:35,200 Speaker 1: The Richards family who lost I believe it was an 381 00:25:35,200 --> 00:25:38,200 Speaker 1: eight year old son. A younger daughter I think she 382 00:25:38,320 --> 00:25:41,600 Speaker 1: was five or six lost the leg. The nature of 383 00:25:41,680 --> 00:25:46,000 Speaker 1: the letter was, please don't give him the death penalty 384 00:25:46,040 --> 00:25:48,760 Speaker 1: because this thing will be appealed and appealed and appealed, 385 00:25:48,760 --> 00:25:51,159 Speaker 1: and we want to get it behind us. And what 386 00:25:51,280 --> 00:25:57,520 Speaker 1: they predicted was absolutely correct. In addition, Greater Boston community 387 00:25:57,680 --> 00:26:01,280 Speaker 1: we had to relive the horror of that day. If 388 00:26:01,320 --> 00:26:05,120 Speaker 1: the government had taken the death penalty off the table. 389 00:26:05,760 --> 00:26:08,560 Speaker 1: He would have admitted guilt, he would have gotten a 390 00:26:08,680 --> 00:26:12,040 Speaker 1: life sentence. He would have been sent for the rest 391 00:26:12,040 --> 00:26:17,160 Speaker 1: of his natural life to Supermax and Flawrence, Colorado, which 392 00:26:17,240 --> 00:26:19,959 Speaker 1: is where he is now. And that would have been 393 00:26:20,000 --> 00:26:24,439 Speaker 1: that and we wouldn't have to relive it. Instead, you know, 394 00:26:24,680 --> 00:26:31,320 Speaker 1: the story of the whole marathon bombing turned into the 395 00:26:31,400 --> 00:26:38,199 Speaker 1: story after the bombing was about courageous police and bystanders 396 00:26:38,280 --> 00:26:42,560 Speaker 1: and the medical community. And everybody was wearing shirts as 397 00:26:42,600 --> 00:26:47,399 Speaker 1: a Boston Strong, and the Watertown police will be wearing 398 00:26:47,440 --> 00:26:51,439 Speaker 1: shirts calling the Watertown Strong. It was just it was 399 00:26:51,560 --> 00:26:56,400 Speaker 1: just great to see how the community was coming together. 400 00:26:57,000 --> 00:27:00,399 Speaker 1: There was an unbelievable memorial right across us from the 401 00:27:00,400 --> 00:27:04,480 Speaker 1: Boston Public Library. It made a horrible story so much 402 00:27:04,520 --> 00:27:07,440 Speaker 1: better because it ended up being a story of courage 403 00:27:07,440 --> 00:27:10,600 Speaker 1: in the community coming together. And I just as a 404 00:27:10,680 --> 00:27:14,480 Speaker 1: citizen of Boston, as the product of the Boston Public Schools, 405 00:27:14,920 --> 00:27:19,720 Speaker 1: I don't want to see this, this horrible event relived again. 406 00:27:19,920 --> 00:27:23,720 Speaker 1: And many of the victims, certainly the Richard's family, feel 407 00:27:23,760 --> 00:27:26,760 Speaker 1: the same way. At least they've expressed that some victims 408 00:27:27,200 --> 00:27:30,000 Speaker 1: don't feel that way. And then you have these I understand. 409 00:27:30,280 --> 00:27:33,679 Speaker 1: I totally understand that, you know, and I wasn't a victim, 410 00:27:33,880 --> 00:27:36,879 Speaker 1: so I'm not criticized them in the least. I'm largely 411 00:27:36,920 --> 00:27:39,240 Speaker 1: talking as a citizen of grade of Boston. Do you 412 00:27:39,280 --> 00:27:44,040 Speaker 1: think that President Trump's statements will influence the U S. 413 00:27:44,080 --> 00:27:49,600 Speaker 1: Attorney in Boston to to retry the penalty phase? The 414 00:27:49,720 --> 00:27:53,600 Speaker 1: U S. Attorney is answerable to the Justice Department Attorney General. 415 00:27:53,720 --> 00:28:01,200 Speaker 1: Bar appears to reflect the sentiments of President Trump, so 416 00:28:01,560 --> 00:28:07,720 Speaker 1: there's a possibility that he will order bar the U. S. 417 00:28:07,760 --> 00:28:10,960 Speaker 1: Attorney in Massachusetts, who by the way, is a Trump appointment, 418 00:28:11,200 --> 00:28:15,560 Speaker 1: to redo the sentencing hearing. I think that would probably, 419 00:28:16,480 --> 00:28:18,840 Speaker 1: although you know, I don't know about the politics of it. 420 00:28:18,960 --> 00:28:22,760 Speaker 1: I think that probably might be their approach as opposed 421 00:28:22,760 --> 00:28:26,080 Speaker 1: to appealing to the Supreme Court because or maybe they 422 00:28:26,119 --> 00:28:29,200 Speaker 1: would because that would take a long time, and if 423 00:28:29,200 --> 00:28:32,359 Speaker 1: they appealed it to the Supreme Court, the election in 424 00:28:32,400 --> 00:28:35,280 Speaker 1: November would be over by the time they decided it. 425 00:28:35,760 --> 00:28:38,320 Speaker 1: Thanks for being on the Bloomberg Laws Show. That's Robert 426 00:28:38,360 --> 00:28:42,400 Speaker 1: bloom a professor at Boston College Law School. I'm June Grosso, 427 00:28:42,560 --> 00:28:43,760 Speaker 1: and this is Bloomberg