GHISLAINE MAXWELL: GUILTY, GUILTY, GUILTY, GUILTY AND GUILTY.

Earlier today, a Manhattan jury convicted Jeffrey Epstein's gal pal Ghislaine Maxwell of five of six federal felony counts: 

1. sex trafficking of a minor;

2. transporting a minor with the intent to engage in criminal sexual activity;

3. conspiracy to transport minors with intent to engage in criminal sexual activity;

4. conspiracy to entice minors to travel to engage in illegal sex acts;

5. conspiracy to commit sex trafficking of minors.

The evidence against Maxwell was overwhelming, although only four victims testified. Many times in cases such as this, the public armchair-quarterbacks what the defense attorneys for Maxwell did, and ask themselves whether they should have taken a different approach.

I don't engage in that.  Any criminal defense attorney starts his job sifting through a mountain of facts, and it is his job to determine which facts tend to prove the client "not guilty."  That's all he can do.  

And Maxwell was the person to ultimately decide whether to enter a plea agreement with the prosecution or take her chance with a jury.  

 I don't she was offered any kind of a deal at all.  She opted for trial because she had facts in this case in her favor, she had very competent lawyers and she really had no choice.  Entering a plea of "guilty" in a federal criminal case will save a defendant perhaps nine months off his or her ultimate sentence; these are called "cooperation" points in a grid that is used for sentencing those convicted of federal crimes.  For a woman her age, getting nine months off of a 50-60 year sentence is hardly an incentive to avoid trial.

One thing I did notice in this trial:  Maxwell did not testify in her defense. When asked by the judge if she would testify in her own defense, she replied there was "no need" for her to testify, because the prosecution had not proven its case.  That is a pretty cocky statement from an accused facing, essentially, a life sentence if convicted.

 There are many reasons a defendant will not testify at a trial. For one, the defendant may be guilty as sin; jurors are instructed they may not consider this possibility if the defendant does not testify.

There are reasons an innocent person may not testify.  The defendant may have a low IQ and the defense may believe the prosecution will get the defendant to say damning things because the defendant is not bright enough to understand when an interrogator is leading him off a cliff.  More commonly, the defendant might have a bad criminal record that the jury will not learn unless the defendant testifies.

I almost always have my client take the stand.  Research shows that even though the jury is told, and always knows, that a criminal defendant does not need to take the stand, such defendants that do not testify in their own defense are convicted about 92% of the time. It is the rare jury, such as the OJ Simpson jury, that acquits a defendant who does not testify in his defense.  A jury does not like to see a defendant play games.  They want to look him in the eye and know what answers he has to the accusations against him.  

In this case, had Maxwell taken the stand, I don't think it would have helped.  She faced four well-spoken, credible accusers who all told similar stories, some very, very explicit.  One of the victims described how Maxwell touched her hips, breasts and butt, then said she had "a great body for Epstein and his friends." Witness Jane testified joined in sexual massages with her and Epstein.  Another witness, Annie Farmer, testified Maxwell molested her by massaging her naked breasts and crawling into bed with her. "Kate" was 17 when Maxwell brought her into a room where Epstein was standing naked.  Maxwell then left the two alone and, as she left, said "Have a good time."

The prosecution was allowed to inform the jury that Epstein paid Maxwell over $30 million between 1999 and 2007.  The prosecution argued that "common sense tells you, you don't give someone $30 million unless they are giving you exactly what you want.  And what Epstein wanted was to touch underage girls."

Former prosecutor Mark Epner boiled her conviction down to this: "Ghislaine Maxwell had the disadvantage of having to explain this parade of young girls who were coming in and out of the home daily underneath her supervision."

Following her conviction, Maxwell returned to jail.  Her attorneys promised an appeal, which I expect to be fruitless.  The sentencing date has not yet been set.  Since she has been convicted in federal court, Maxwell will be facing a sentence that will keep her in federal prison for the rest of her life.