Epstein’s dark legend wraps Maxwell trial in web
of conspiracy theories
Analysis: The task of Ghislaine Maxwell’s defense may
be to tangle her so deeply in Epstein’s shadow that they cannot find her guilty
Some doubt that Epstein died by suicide in his jail
cell, and prefer to believe he was murdered.
Edward
Helmore
Sun 5 Dec
2021 06.41 GMT
https://www.theguardian.com/us-news/2021/dec/05/jeffrey-epstein-dark-legend-ghislaine-maxwell
The graphic
testimony presented to jurors in Ghislaine Maxwell’s criminal sex abuse trial
last week seemed at times to mesh and then detach from broader theories –
criminal, conspiratorial or both – about the nature of Jeffrey Epstein’s world.
Whether
prosecutors and defense attorneys are successful in separating criminal
conspiracy from the conspiracy theories that run through the entire
Epstein-Maxwell narrative may determine how the criminal complaint against the
59-year-old former British socialite is ultimately resolved.
For the
prosecution, their case against Maxwell is to separate the criminal charges she
faces from broader conspiracy theories about wealth and power that envelop the
dark legend of disgraced financier and sex trafficker Epstein. For Maxwell’s
defense, the task may be to entangle Maxwell so deeply in Epstein’s shadow that
jurors are simply unable to find her guilty.
Both sides
are battling preconceptions about wealth, power, privilege and sex – and where
those spin off into the sort of conspiracies that have no place in this trial
or, arguably, in any kind of reality except, perhaps, that of political
extremists.
But, when
it comes to Epstein, and the wild web of powerful people he was connected to,
there is no easy way to escape the conspiracy theorists.
“Many
people have come to me with wild conspiracy theories about this case,” said
Lisa Bloom, the victims’ rights attorney, outside the Manhattan courthouse that
has become a scene for Q-Anon demonstrations.
“Of course,
the Q-Anon people are crazy – they think Democrats eat babies – they’re nuts.
But if you’d told me 10 years ago that Jeffrey Epstein had on his plane Donald
Trump, Bill Clinton, Kevin Spacey, Chris Tucker and Prince Andrew I would have
said you’re crazy. Turns out that’s true.”
Class too,
plays a role. In an early indication of how Maxwell’s defense counsel intends
to play its hand, her team tried to undercut one of the first witnesses,
“Jane”, by challenging her account of where she lived in Palm Beach and whether
her gated community was attached to a “country club”.
The
implication was clear: jurors were being asked to believe that “Jane” came from
better circumstances than she had described and was thus more knowing than
indicated.
“I don’t
think I’ve ever had a case where a witness was always consistent in what they
described,” Wendy J Murphy, a former Massachusetts prosecutor who teaches a
course on sexual violence law at New England Law Boston, said. “In fact, I’d be
nervous if they were because it comes across as parented and contrived.”
While
witness credibility is important, Murphy adds, “this case is about a widespread
scheme of criminal conduct – really it’s organized crime. There’s so much
corroboration and proof that this enterprise existed you don’t have to put as
much stock in the credibility of individual victims.”
But the
question of how much of the overall Epstein-Maxwell story is salient to jurors
and how much is too wild to believe is likely to be a concern for prosecutors,
Murphy says.
“The
jurors’ job is to make sense of what they’re hearing,” Murphy said. “But when
you’re talking about very unusual behavior at a very high level, most jurors
won’t be comfortable thinking that influential people are inclined to do
horrible things.
And that,
Murphy says, plays to the defense. “Ninety-nine per cent of jurors have no way
to identify with the victim so it feels so uncomfortable to believe that it
happened. They’d rather find reasonable doubt because it feels better to them
about how the world works.”
At the same
time, she points out, the central theme of the charges against Maxwell – sex
trafficking – is an accepted truth accruing to Epstein.
“Jurors may
think Maxwell was involved in something horrendous because she was involved
with Epstein who is guilty because he’s dead,” Murphy suggested, and her
defense’s argument that she might not have been prosecuted had Epstein lived
would then fail to elicit sympathy.
“Nobody
cares,” Murphy points out.
Few stories
in recent years since 9/11 or the death of Diana, Princess of Wales have
acquired as much conspiratorial baggage as Jeffrey Epstein, his alleged
enablers and figures within their milieu. Most notorious among them, promoted
by his own family, is that Epstein was murdered and not, as records suggest,
successful in a second suicide attempt in a poorly run detention center.
At the
time, even elected officials, including the outgoing New York mayor, Bill de
Blasio, said they did not understand how Epstein, facing multiple accusations
of sexual abuse and sex trafficking, had managed to die by suicide. “It’s just
too convenient,” De Blasio said. “It’s too many pieces happening simultaneously
that don’t fit.”
But it’s
Maxwell, not Epstein, who is on trial, though Maxwell has consistently claimed
that she is being tried as a substitute for the government’s failure to bring
Epstein before a jury. “The charges against Ghislaine Maxwell are for things
that Jeffrey Epstein did, but she is not Jeffrey Epstein,” Maxwell’s lawyer,
Bobbi Sternheim, said in opening statements.
But whether
the trial can begin to parse the conspiracy that the government claims against
Maxwell from the broader conspiracy theories around Epstein and his circle of
bankers, politicians, scientists and social figures is hard to determine.
Stephan
Lewandowsky, a professor at the University of Bristol who has written widely on
conspiracy theories, notes that the objects of such thinking nearly always
attach to wealth and power of the type that Epstein personified and that
perhaps Maxwell can hide behind.
“I can’t
think of a conspiracy theory that wouldn’t involve somebody famous or
well-known, because no one cares about your grandmother or your cousin down the
road. A conspiracy theory about someone no one has heard of isn’t going to be
very attractive. You need a famous person as a place-marker,” he said.
And these
are conspiratorial times.
Outside the
court last week, Q-Anon sympathizers again revived ideas around Pizzagate, the
baseless 2016 notion that Democrats around the Clintons were abusing children
in a pizza parlor owned by a Democratic party fundraiser.
“It’s all
reminiscent of an age-old conspiracy theory known as antisemitism,” says
Lewandowsky. “Abuse or sacrifice of children is very often part-political
conspiracy theory.”
It is in
Maxwell’s interest to put Epstein on trial – and he cannot answer for even the
most outlandish claims about him and his circle.
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