Ghislane Maxwell will shortly go to trial for sex trafficking related to Jeffrey Epstein. Her pre-trial motions give a behind-the-scenes look at how her lawyers are trying to shape what the jurors will hear.
We are all familiar with “Objection, Your Honor!” being used at trial to keep jurors from hearing a specific line of questioning.
However, before a trial even begins, the judge may set rules that are specific to a particular case, often because of pre-trial publicity. The purpose of these rules is to make sure that what the jury hears does not interfere with them making an informed and proper decision. Prosecutors want the jury to hear everything. Defense attorneys want to block as much as possible.
In Ghislane’s case, there are some allegations that use powerful language. The terms “victims,” “minor victims” and allegations of rape occur with frequency. Naturally, as part of the “special rules” for this case, she would prefer that the prosecutor would never use those terms.
The way to ask for “special rules” is a motion in limine. To the extent that the judge grants this motion, any violation of the special rules by the prosecutor may be enough to have a mistrial declared.
It is completely within a judge’s discretion whether or not to grant a motion in limine. It remains to be seen whether the judge will allow the prosecutor to use terms such as “minor victim” during the trial. The judge's ruling on this motion, as obscure at it may appear, will have a dramatic effect on how the trial unfolds.
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