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Case 22-1426, Document 58,_02/28/2023, 3475901, Page39 of 221 A-239 Case 1:20-cr-00330-AJN Document 610 Filed 02/24/22 Pagel1of3 Uspc SDNY UNITED STATES DISTRICT COURT eae SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED || DOC #: DATE FILED: 2/24/22 United States of America, a 20-CR-330 (AJN) Ghislaine Maxwell, ORDER Defendant. ALISON J. NATHAN, District Judge: On January 19, 2022, the Defendant filed a motion for a new trial pursuant to Federal Rule of Criminal Procedure 33 on the basis that Juror 50 “falsely answered a material question during voir dire and .. . that, had he answered truthfully, he would have been subject to a challenge for cause.” Maxwell Br., Jan. 19, 2022, at 48. The Defendant contends that the current paper record sufficiently supports her motion and should be granted without a hearing. In the alternative, she requests that a hearing be conducted. /d. She also argues that if a hearing is ordered, a broader hearing is required based on a news article that suggests a second juror was allegedly a victim of sexual abuse. Jd. at 48-49. In an Opinion & Order filed under temporary seal, the Court DENIES the Defendant’s motion for a new trial on the current record. As explained in the temporarily sealed Opinion & Order, Defendant’s motion on the current record relies extensively on statements made by Juror 50 regarding what occurred during jury deliberations that the Court is prohibited from considering under Federal Rule of Evidence 606. With regard to Juror 50’s statements that do not pertain to jury deliberations, in order to resolve the motion on this record, the Court would have to accept unsworn statements made to media outlets as true and reach factual determinations that are not available on the current record. 1 DOJ-OGR-00020865