Ghislaine Maxwell Possible Mistrial 'Punch in the Gut' for Epstein Victims—Lisa Bloom

Ghislaine Maxwell may get a second chance to seek acquittal on Jeffrey Epstein charges through a new trial, and attorney Lisa Bloom says "this is just awful."

The British socialite was convicted of sex trafficking girls for her pedophile former lover to abuse between 1994 and 2004.

However, a juror, Scotty David, did media interviews in which he revealed he was a sexual abuse survivor, raising questions about whether he disclosed this fact during his questionnaire.

Jurors were asked to detail any history of sexual abuse and, while his answer has not been made public, the prosecution has called for an investigation and the defense for a mistrial.

Lisa Bloom, who represents eight Epstein victims, wrote on Twitter: "Ghislaine Maxwell may get a new trial. Really. Because another human was sexually abused.

"This is just awful.

"Juror Scotty David has given interviews. He says he revealed his sexual abuse history during deliberations. Fine, that's allowed. But . . .

"Like all those in the jury pool, he filled out a questionnaire before trial. One Q was whether he was a sexual abuse victim, and if so to describe what happened, without names."

Bloom said the "the attorneys and the judge know" what answers the juror gave and described the prosecution call for an inquiry as a "bad sign."

The judge ordered that David be given a court appointed lawyer, on the prosecution's request.

A briefing on the defense motion in pursuit of a new trial has been scheduled for January 19, which Bloom described as a "very bad sign."

The judge's order read: "The parties' briefing should address whether an inquiry of some kind is permitted and/or required and, if so, the nature of such an inquiry."

Bloom wrote: "IF he lied and IF the court finds it was material, the judge may order a new trial.

"My heart goes out to the 4 victims, who will have to do it all again.

"And this story underscores how many people have been sexually abused. It's rampant. Epidemic.

"And because this juror was a victim, and was brave enough to tell his story in the deliberations room and stand with the other victims, a convicted sex trafficker may get a do-over.

"Just a punch in the gut to the 8 Jeffrey Epstein victims I represent."

A court filing by Maxwell's team reads: "The Supreme Court has held that to be entitled to a new trial, a party must first demonstrate that a juror failed to answer honestly a material question on voir dire, and then further show that a correct response would have provided a valid basis for a challenge for cause."

It adds: "This standard applies even if the juror's conduct was merely inadvertent and not intentional."

In other words, Maxwell's team appear ready to argue they could have legitimately asked the court not to select Scotty David to the jury had he given a full account of his experiences.

If he did not, that would deny them the opportunity to challenge his selection, triggering a mistrial, even if he did not mean to mislead the court.

Bloom stressed that jurors are entitled to talk about their personal experiences, including of sexual abuse.

She wrote on Twitter: "I want to be clear: being a sexual abuse victim does NOT disqualify you from serving on a sexual abuse jury.

"To the contrary, I WANT victims on my juries. Many victims say they can't serve on my trials for this reason. But please, we need you.

"The issue is whether this juror lied on his questionnaire, depriving the defense of the chance to ask him Qs during jury selection to see if he was biased.

"BTW, why do we assume victims are biased but not non-victims? Non-victims often have skewed, false views about abuse."

The Government's letter read: "Assuming the accuracy of the reporting, the juror asserted that he 'flew through' the prospective juror questionnaire and does not recall being asked whether he had been a victim of sexual abuse but stated that he 'would have answered honestly.'

"Based on the foregoing, the Government believes the Court should conduct an inquiry."

Ghislaine Maxwell and Jeffrey Epstein
Ghislaine Maxwell, seen at a benefit gala in New York on May 6, 2014, may get a retrial over the public comments of a juror. Jeffrey Epstein poses for a sex offender mugshot after being charged by Florida Department of Law Enforcement with procuring a minor for prostitution on July 25, 2013. Paul Zimmerman/WireImage and Florida Department of Law Enforcement via Getty Images