Ghislaine Maxwell should have been protected by “immunity provisions” from a previous non-prosecution agreement in Florida, her attorneys have argued.
The disgraced British socialite, 62, returned to the spotlight this week as lawyers launched an appeal over her 2021 sex trafficking conviction.
During an appeal hearing in New York federal court on Tuesday, Diana Fabi Samson – representing Maxwell – referenced the 2008 non prosecution agreement, made by state prosecutors with late paedophile Jeffrey Epstein in Florida.
Ms Samson said not honouring the terms of the agreement would “strike a dagger in the heart of the trust between the government and its citizens.”
“In the end, Ms. Maxwell was prosecuted for crimes that she as a third party beneficiary to the plea agreement in Florida should not have been prosecuted,” Ms Samson said.
Maxwell’s attorneys had previously argued that a juror failed to disclose that they were a sexual abuse victim.
It was a 2021 interview journalist Lucia Osborne-Crowley conducted with the juror Scotty David published in The Independent in the weeks following the Maxwell sex-trafficking verdict that led her legal team to appeal on this matter.
One of Maxwell’s attorneys, Arthur Aidala addressed the issue of an “impartial juror” outside court saying that the failure of Mr David to disclose he had been the victim of sexual assault was “wrong” and that the juror had “totally misrepresented the truth”.
“That is absolutely verboten. It’s wrong. And although the judge had a hearing, and he acknowledged he wasn’t accurate at all she said, ‘well, I think he made an honest mistake by not checking off that box so I’m going to let the verdict stand’,” he said.
Mr Aidala said the case should be “dismissed”, adding: “If we allow the government to make deals with the citizens with us, and then they decide, for whatever reason, they’re going to rip up that room and rip up that deal, that handshake means nothing.”
Maxwell was not present in the courtroom for Tuesday’s hearing, but was reportedly listening remotely from her jail cell in Florida.
She was convicted in 2021 of five counts of trafficking and abusing young girls over decades with Epstein. She was sentenced to 20 years behind bars in June 2022.