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six of which proceeded to trial.> Prior to the commencement of trial,
2 Florida Statutes § 796.07 provides in relevant part:
(2) It is unlawful:
(f) To solicit, induce, entice, or procure another to commit prostitution,
lewdness, or assignation.
3 Florida Statutes § 796.03, which has since been repealed, provided in relevant part: “A
person who procures for prostitution, or causes to be prostituted, any person who is under
the age of 18 years commits a felony of the second degree.”
4 A-178.
5 Count One charged Maxwell with conspiracy to entice minors to travel to engage in illegal
sex acts, in violation of 18 U.5.C. § 371. Count Two charged Maxwell with enticement of a
minor to travel to engage in illegal sex acts, in violation of 18 U.S.C. §§ 2422 and 2. Count
Three charged Maxwell with conspiracy to transport minors with intent to engage in
criminal sexual activity, in violation of 18 U.S.C. § 371. Count Four charged Maxwell with
transportation of a minor with intent to engage in criminal sexual activity, in violation of 18
U.S.C. §§ 2423(a) and 2. Count Five charged Maxwell with sex trafficking conspiracy, in
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Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page/ of 26
prospective jurors completed a lengthy questionnaire, with several
questions raising issues relevant to the trial. Based on the completed
questionnaires, the parties selected prospective jurors to proceed to in-
person voir dire. The District Court ultimately empaneled a jury.
During the four-and-a-half-week jury trial, the Government
presented evidence of the repeated sexual abuse of six girls. At the
conclusion of trial, on December 29, 2021, the jury found Maxwell
guilty on all but one count.®
Following the verdict, Juror 50 gave press interviews during
which he stated that he was a survivor of child sexual abuse.’ In his
answers to the written jury questionnaire, however, Juror 50 answered
“no” to three questions asking whether he or a friend or family
member had ever been the victim of a crime; whether he or a friend or
family member had ever been the victim of sexual harassment, sexual
abuse, or sexual assault; and whether he or a friend or family member
had ever been accused of sexual harassment, sexual abuse, or sexual
violation of 18 U.S.C. § 371. Count Six charged Maxwell with sex trafficking of a minor, in
violation of 18 U.S.C. §§ 1591{a), (b)(2), and 2. Counts Seven and Eight charged Maxwell
with perjury, in violation of 18 U.S.C. § 1623. The perjury charges were severed from the
remaining charges and ultimately dismissed at sentencing.
6 The jury found Maxwell guilty on Counts One, Three, Four, Five, and Six. Maxwell was
acquitted on Count Two.
7 Consistent with a juror anonymity order entered for trial, the parties and the District Court
referred to the jurors by pseudonym.
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Case 22-1426, Document 109-1, 09/17/2024, 3634097, Pages of 26
assault.’ Upon learning of the interviews, the Government filed a letter
on January 5, 2022, requesting a hearing; Maxwell then moved for a
new trial under Federal Rule of Criminal Procedure 33. On March 8,
2022, the District Court held a hearing and Juror 50 testified —under
grant of immunity—that his answers to three questions related to
sexual abuse in the jury questionnaire were not accurate but that the
answers were an inadvertent mistake and that his experiences did not
affect his ability to be fair and impartial. Finding Juror 50’s testimony
to be credible, the District Court denied Maxwell’s motion for a new
trial in a written order.
Maxwell was subsequently sentenced to a term of 240 months’
imprisonment to be followed by five years’ supervised release, and the
8 Question 2 asked “[h]ave you, or any of your relatives or close friends, ever been a victim
of a crime?” Question 48 asked “[h]ave you or a friend or family member ever been the
victim of sexual harassment, sexual abuse, or sexual assault? (This includes actual or
attempted sexual assault or other unwanted sexual advance, including by a stranger,
acquaintance, supervisor, teacher, or family member.)” Finally, Question 49 asked
[hJave you or a friend or family member ever been accused of sexual harassment,
sexual abuse, or sexual assault? (This includes both formal accusations in a court of
law or informal accusations in a social or work setting of actual or attempted sexual
assault or other unwanted sexual advance, including by a stranger, acquaintance,