To deliberate the juror were to arrive on
December 21 at 9 am. So Kurt went in
earlier. On Foley Square there were more TV
camera tripods set up than before, all
wanting to be first to do a stand-up about
Kurt stood next to the forest of
sticks, as the tripods were called, and did
a curtain-raiser live-stream. He was
probably sideways. It was a work in
in Courtroom 318 it was empty. But just
after 10 am first the lawyer then Ghislaine
Maxwell then Judge Nathan appeared. I have
received a note from the jurors, Judge
Nathan said. They want the transcripts of
the testimony of Annie, Carolyn and Jane.
about Kate, Kurt thought. Under her real
name she was apparently quite well known in
was escorted back into the holding cell,
through the door to the right of the judge's
raised bench. The lawyers remained for a
time, arguing off the record about how to
make the redactions. Transcripts came with
the whispered sidebars included, minus the
parts that Judge Nathan had gone even
further and sealed.
took hours to agree on just taking out all
sidebars. By then Judge Nathan returned with
another notc. The jurors wanted FBI 3505-005
not in evidence, the prosecutors protested.
Just tell them that.
Maxwell couldn't claim it was in evidence.
But they wanted Judge Nathan to remind the
jurors that they had the testimony where
Carolyn was cross examined about this
document not in evidence.
Nathan said she would tell the jurors, You
have all of the admitted exhibits -- then
added, including the testimony that
was live-tweeting it all, stopping to reply
to questions about how this process worked
(and why, for example, "they don't just
string her up"), but it was unclear when or
if it would give rise to a story, even on a
blog or Substack, or a fire staircase
next note made the process look absurd, at
least to Kurt. Judge Nathan emerged around 4
pm and said, The jurors write that they will
stop today at 5 pm, and work tomorrow from 9
to 4:30, having their lunch at 12.
they care about it lunch," someone tweeted
at Kurt. He would acknowledge, he was the
one who included Judge Nathan's asides about
snacks and lunches in his live tweeted
threads, finding them funny. Maybe it had
given the wrong impression.
But if the jury was already
capping how long they would work on Full Day
2, and not even including the qualification,
Unless we have reached a verdict by then,
this could be long one. Maybe that was or
would be the story.
defense seemed to like this note. Bobbi
Sternheim, who had spent some of the lull
between notes lounging at the defense table
with Leah Saffian who came up from the front
row of the gallery, now asked Judge Nathan
if the jury couldn't also work on Thursday,
a day Judge Nathan had said they would have
schedule was before Judge Nathan decide to
cancel three days of the trial to go down to
Washington pursuing a 51-50 vote of
confirmation to the Second Circuit (or
something similarly razor-thin and partisan,
it hadn't happened yet).
Now Judge Nathan said she would tell
the jurors, you can work Thursday. The
defense liked it; the prosecution, it
seemed, not so much.
near 5 pm thing changed again. Judge Nathan
had another note, this time not a request
for exhibits or pronouncement about lunch.
The jury wants to know, she said, if they
can use the testimony of Annie to find
guilty under Counts 1 and 3, the conspiracy
said the AUSA.
defense wanted to add more. But Nathan said,
I'll tell then, Yes you may.
ran into the fire stairs and recorded a
breathless and clanking podcast. He copied
and pasted the day's tweeted thread, such as
it was, and put it into a story, on his
website and Substack.
When Judge Nathan let the
jurors go at 5:01 pm, Kurt uploaded the
stories and ran out into Foley Square. This
might be the last pre-verdict evening. And
he wanted to hear about Maxwell's brother -
or sister - has to say.
on Pearl Street the photographers were
peering in the curtained window of the
security check point, and turned their
bright lights on. It was Maxwell's sister,
accompanied by Saffian. Live streaming Kurt
jogged after them and asked, What did you
think about the jury's question about using
comment, Saffian replied. Kurt stopped as as
the circus moved further away looked into
his live-streaming flip phone and said, "OK
then. Answered and answered." #MaximumMaxwell.