Ghislaine Maxwell facing ‘very real possibility’ of new trial after juror revelations, says Epstein prosecutor

The defence would have to show Scotty purposefully lied and that the revelation improperly swayed the jury during deliberations.

David Weinstein, a defence attorney and former federal prosecutor, told The Telegraph if Scotty had answered the question correctly there would have been a further inquiry by the judge to see if he could still be a fair and impartial juror. “If he said that he could have still been an impartial juror, the defence could have used a peremptory challenge to remove him,” he said.

Both sides are permitted a number of “peremptory challenges”, to “strike” candidates without proving there is a reason to exclude them.

Mr Weinstein said there have been recent examples of a defendant failing to convince a judge to call for a mistrial over a juror bias, including in the cases of Mexican drug baron Joaquin “El Chapo” Guzman case and Donald Trump ally and lobbyist, Roger Stone.

In 2015, however, a federal appeals court in New York did grant a new trial to a former Deutsche Bank broker in what was considered the biggest tax-fraud case in history on the grounds that a juror in the case lied about substantial matters in her background.

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