Arthur Aidala Claims Ghislaine Maxwell’s Trial Was Flawed, Seeks to Overturn Conviction

Ghislaine Maxwell making the best of it in prison.

Arthur L.’ Artie’ Aidala is the managing partner of the law firm Aidala, Bertuna & Kamins in New York City. 

His clients include Rudolph Giuliani, Harvey Weinstein, Roger Ailes, Alan Dershowitz, and Lawrence Taylor, a former NFL linebacker.

The New York Times called him “The Nice-Guy Lawyer For America’s Tabloid Villains.”

Aidala also represented FR writer Richard Luthmann in Federal and New York State criminal cases.

Arthur Aidala
High-Profile Criminal Defense Attorney Arthur Aidala

Ghislaine Maxwell retained Aidala to represent her in an appeal before The US Court of Appeals for the Second Circuit.

Maxwell, 61, was convicted of sex trafficking four minors in conspiracy with the late Jeffrey Epstein when she was in her thirties, alleging crimes between 1995-2001.

The DOJ also charged her with perjury, based on statements she made in a civil case where she denied “recruiting” girls for Epstein.

A federal judge sentenced Maxwell to 20 years in prison in June 2022.

Aidala accused the Department of Justice of prosecuting Maxwell “as a proxy” for Epstein, whose death in federal custody eliminated the opportunity to prosecute him and potentially others he might have named.

Jeffrey Epstein and Ghislaine Maxwell

In the appeal, Aidala and his law partner Diana Fabi Samson claim “several errors” were made at Maxwell’s trial.

The lawyers said in a statement:

“In its zeal to pin the blame for its own incompetence and for Epstein’s crimes on Ms. Maxwell, the Government breached its promise not to prosecute her, charged her with time-barred offenses, resurrected and recast decades-old allegations for conduct previously ascribed to Epstein and other named assistants, and joined forces with plaintiffs’ attorneys, whose interests were financial, to develop new allegations out of faded, distorted, and motivated memories. “

Aidala’s papers indicate that Maxwell entered into a non-prosecution agreement with the federal government and Epstein on Sept. 24, 2007, after being named a “potential co-conspirator.”

The case should be thrown out, he argues, since the Court is obliged to hold the executive branch to its solemn and written promises.

The attorneys’ papers claim that the 5-year statute of limitations barred the DOJ from bringing charges against Maxwell. The defense attorneys argue the government’s attempts at expanding the statute of limitations back to the late 20th century failed as a matter of law.
Aidala claims the government committed a fatal error by retroactively applying statutory charges based on decades-old conduct alleged to have occurred before the statutes were enacted.

There were other problems with the case. One juror, “#50,” chose not to reveal to the judge or attorneys before his selection that he was once a victim of sexual abuse. He did not fail to share that information to his fellow jurors when, during deliberations, he claimed he experienced the “exact same thing” as Epstein and Maxwell’s victims during his childhood and in effect used Maxwell as a proxy to prosecute his own abuser.

He used his undisclosed experience to convince other jurors that Maxwell was guilty. The juror lied or lied by omission to serve on a jury he surely would have been excluded from.

Aidala claims the juror’s situation and actions tainted the jury, denying Maxwell a right to a “fair and impartial” trial. Many people feel that this is irrelevant because due process only applies to popular defendants.

Arthur Aidala Gloria Allred
Arthur Aidala speaks to the press next to Attorney Gloria Allred [r]
Aidala also claims Maxwell was convicted on counts not charged in her indictment.
He claims the District Court failed to explain all the elements of two charges, violating the Fifth Amendment’s Grand Jury Clause and the Sixth Amendment’s notice requirements.
When a judge does not tell a jury all the elements of a crime needed to convict, they are ripe for a false conviction.

The papers argue that the judge’s jury instructions led to a “constructive amendment of the indictment.”

Aidala also argues that the court “made several errors in sentencing.” Maxwell requests re-sentencing or a “substantial” reduction in her sentence.
In support of their arguments, Aidala made an interesting statement about the harsh pre-trial conditions Maxwell faced:

From the time of her arrest, Ms. Maxwell was held in solitary confinement in the Brooklyn [Metropolitan Detention] Center, under inhumane conditions.  The District Court denied four bail applications and dozens of applications to ameliorate her conditions of confinement ranging from sleep deprivation to lack of access to legal counsel and discovery to prepare for trial.  By the time of trial, she was so disoriented and diminished that she was unable meaningfully to assist in her own defense, much less to testify.”

Frank Report wrote several articles about the conditions she experienced, which virtually assured her of being unable to prepare for her trial.

For about one year, she was housed in a 6’x9′ isolation cell in a unit with no other inmates — in the East Tower at MDC — which the BOP shut down because of HVAC and electrical problems.

She was detained in Brooklyn, in the Eastern District of New York, though she was tried in the Southern District. This was because her alleged coconspirator, Epstein, was held at the SDNY’s detention center, the Metropolitan Correctional Center, where he was permanently corrected.

Photos published by the New York Post of the inside of the MDC

Inside MDC. Photo published in Daily Mirror

The Frank Report previously wrote about the conditions at the Brooklyn MDC and how Maxwell was treated there:

In addition to keeping her in solitary confinement, the prosecutors enjoyed telling scandalous stories about her in prison. One of them was that corrections officers had to force Maxwell to flush her toilet and clean her cell.

Prosecutors wrote while she was awaiting trial, “MDC staff directed the defendant to clean her cell because it had become very dirty. Among other things, MDC staff noted that the defendant frequently did not flush her toilet after using it, which caused the cell to smell,” they wrote.

Her attorney disputed this narrative, writing that Maxwell flushed her toilet frequently, just like people who do not have the convenience of having their toilet inches from their bed.

The smell seems to have been caused by overflowing toilets in the cellblock above.

Her siblings, who created a website to support Maxwell,  described conditions writing at the time: “She is under round-the-clock surveillance by multiple guards and cameras, including one mobile camera that captures her every move.”

To hear prosecutors tell it, conditions were reasonable for Maxwell. They say she did not face harassment by guards. And she was provided with a Bible and a computer to work on her case. 

Her family painted a different picture.

They write, “Ghislaine is daily subjected to a range of invasive procedures. These include multiple physical searches a day, including having guards looking inside in her mouth… and the pointing of a flashlight into her isolation cell – where she is held approximately 12 hours every day – every 15 minutes during the night, making sleep impossible for her.

“Her cell consists of a 6ft x 9ft space, with a concrete bed and toilet… There is no flat surface in her cell for her to work on the legal documentation… The drinking water is full of contaminants… Food has been fed to her on plastic trays that have melted when exposed to microwaved heating, making the food inedible and unsafe.  There is no natural light in the cell, only fluorescent lights so bright that they hurt her eyes.” ‘

Maxwell Family Starts Website to Show Ghislaine’s Innocence – As Questions About Due Process Arise

Was Toilet Flushing Failure a Lie By Federal Prosecutors to ‘Dirty up’ Ghislaine Maxwell?- Judge Nathan Might Want to find Out

DOJ Uses Brooklyn MDC to Torture Defendants Into Plea Deals

For Raniere, Hardest Part of 6-Week Trial Was Prison-to-Court Abusive Protocol

Luthmann: At Brooklyn MDC, I Was a ‘Jailhouse Lawyer’ For Gangsters Paid in Fish

The US Attorney’s Office has 90 days to respond to the appeal. After that, Aidala’s office will have an opportunity to submit a reply. A hearing is expected as early as late summer.

Arthur Aidala Lawrence Taylor
Lawrence Taylor said, “Arthur Aidala saved my life.”

Ghislane Maxwell remains in the custody of the Federal Bureau of Prisons as an inmate at FCI-Tallahassee, a facility in Florida. She has been teaching yoga and etiquette classes there.

Some believe that Aidala may help Maxwell not spend the next decade and a half in prison.

Frank Report writer, Luthmann said, “I used Arthur. So did Alan Dershowitz. We both know plenty of lawyers. Dershowitz taught at Harvard forever. He chose Arthur Aidala, which speaks volumes.”

NFL player Lawrence Taylor said, “Arthur Aidala saved my life.”

Aidala has a weekday radio show on AM 970 in New York City. The show’s website states, “The Arthur Aidala Power Hour radio show blends Arthur’s courtroom experiences with his perspective as a lifetime New Yorker.”

Arthur Aidala Andrew Cuomo
Former New York Governor Andrew Cuomo and Attorney Arthur Aidala

Aidala hosts guests from sports, stage and screen, politics, and current events.

At one time, Maxwell led a glamorous life, replete with association with celebrities and   

If any lawyer could help Maxwell, it will be one who has a combination of brains, legal skill, connections, and media savvy. The latter probably trumps all.

Aidala might be Maxwell’s best chance.

About the author

Frank Parlato


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  • Maxwell undoubtedly did NOT get a fair trial. The trial by media before trial all but convicted her and tainted the jury pool. Proven by the fact you had a juror or two who lied to get on their and lie. The evidence was weak in the actual trial. You even had accusing witnesses ( accuser 4 Kate – legal conduct ) (and even accuser 3 as legal conduct ) who was not part of the chargeable indictment but placed there for prejudicial effect and provide me 2 type prior bad conduct in order to taint evidence and help convince the jury for the other 2 accusers substantive charges. Those 2 accusers were so inconsistent which created doubt about the real timeline of legal conduct vs unlawful or indeed if Maxwell was really there. But Juror 50 helped convince jurors to convict when they had doubts. Then there is the NPA which directly shields Maxwell as third party beneficiary potential co- conspirator which every federal circuit would prevent charges for being laid for the most serious charge at minimum ( but for the error by Judge Nathan and or quirk in second circuit unfair flawed case law ). Most accusers in media who tainted and villiaised Maxwell (for money against Epstein fund) were of adult age and not chargeable offences. But that did not stop the media and everyone make her appear as Guilty as hell as a proxy that tainted everything for her at trial To the point that people vapidly cheered she did not get treated fairly and her due process was undermined at almost every turn and found guilty ( unjustly) the govt and media and court all wanted to convict her to appease the vapid lynch mobbing mass public. No nuance or care for her rights or fair trial. 20 years for what ? Supposedly touching a teens tits 20 years ago with no actual proof under an unfair applied trafficking charge that linked a interstate massage table owned by Epstein to Maxwell charges to unfairly capture the federal trafficking charge and receive 20 years ? Who gets that just for that? Unjust unsafe verdict and unjust unfair charges and trial vindictive prosecution every step of the way from the get go.

  • Maxwell does indeed have a slightly demented regard in her eyes, it’s true. She looks as though she might have two very opposing parts of her personality. Would not want tea or prison slop with her..creeeeepy

  • Cover half of Ghislane’s face. Right down the middle. Vertically.

    Put your hand covering one eye and half of her lips. Now switch it.

    Look at her eyes and smile separately on the left and then right side.

    See the real person? The fake smile?

    The darkness? The mask?

  • I’m not sure the a statute of limitations can ever be morally justified in a case like this, involving historical sexual abuse allegations. It is clear from all the information in the public domain that Maxwell played a key role in grooming obviously underage girls to perform sexualised massages on Epstein, and on some occasions joined in herself.

    She was aware of Epstein’s predilections for younger girls, and went cruising around the streets to tempt them into his lair with promises of celebrity connections and social advancement. What she failed to tell them was that really they would just become cheap hookers for the day, and after if they agreed to it.

    Just like NXIVM recruitment, they’d get paid as much for just recruiting others, effectively creating a pyramid scheme of supply to satiate Epstein’s increasingly perverse lust, not to mention those of his high profile friends. No blushes please, Prince Andrew, for he also met Epstein through Maxwell. And it cost him royally to buy some silence!

    So did Maxwell get a fair trial? In my considered opinion it could not have been any fairer. As with Raniere, the evidence against her was overwhelming. And just like him, it was her superlative hubris that led to her arrest. She had houses all over the world, many of them in places where there was no extradition treaty with the US. And where did they find her? Bradford, New Hampshire. They say you make your own luck.

    Arthur Aidala has got his work cut out.

    • Peter,
      Hasn’t Epstein and her done what they did for Prince Andrew, for numerous politicians and for American billionnaires?

      • I believe so, Alex. She was the one with the class and royal connections. He was the one with the dosh, After her father, the newspaper magnate, Robert Maxwell, drowned somewhat mysteriously in a yachting incident off the Canary Islands, Epstein replaced him in her affections, not just as a kind of father figure to her (though they did have sexual relations at the start), but also as her financier. The quid pro quo was her connections of course.

        There were countless high end connections – wealthy politicians (including Bill Clinton and Donald Trump), and no doubt billionaires, and Maxwell would have pimped out girls to some of them. Much of the alleged sexual activity was recorded using secret cameras and hidden microphones. I’m fairly certain these recordings were never found, though presumably Epstein had custody prior to his arrest. There were many people who would have wanted him dead.

    • So why are the nxviumers being held accountable..? Of course raniere and mack are responsible, but these women and men gave their collateral! Why? Such a burning red flag. They saw how others were being abused and did nothing

  • I think she’ll get a new trial and that some charges will get thrown out. Then I think the Government will get told to make an non-prosecution agreement that she leaves the US and never returns – a kind of shadow spy exchange arranged by the Israeli Mossad, for whom I believe Epstein and Maxwell were working.

    I think it’s way too dangerous to leave her in US prison, and they can’t kill her after Epstein’s “suicide.” So the powers that be will hand her over to the Mossad, who will ensure she will be quiet.

    It’s bad business in the spy world to leave loose ends.

    • Richard,

      Would you be able to direct me please to where I can read about who orchestrates the rigid lines all mainstream media organisations follow on topics considered of great significance?

      The report of the coroner performing Epstein’s autopsy, as you know stated quite clearly the cause of death yet the herds of baboons all over our planet (I’ve seen them everywhere not just the US) spread you already know what…

    • Richard the Israeli Mossad aren’t all powerful like the illuminati.

      I greatly appreciate your legal opinion as it pertains to the law. You lose me on the conspiracy stuff.

      The Mossad are behind a lot of dark, but not this. Otherwise they’d have Clinton and Trump on the hook.

  • About the arguments of the appeal:
    1) non prosecution agreement:
    It relates to crimes from 2002 onwards. She’s charged with crimes committed in period 1994-2000. The NPA doesn’t include those early offences. the prosecution “tiptoed around the NPA” as her lawyer stated previously.
    2) juror that forgot to mention he was victim of sexual assault in voir dire:
    The judge/ prosecution addressed this by giving him immunity and making him testify about why he made this mistake. It was deemed not relevant by the judge.
    3) harsh detention at MDC:
    This was litigated extensively during her confinement. Not relevant for an appeal.

    We’ll see what will be decided by the second circuit. I wouldn’t hold my breath. In case she wins, there most probably will be a retrial.
    And there are still the perjury charges that were split from her trial…….

    • Wrong the NPA would cover at minimum the most serious ridiculous federal sex trafficking charge USC 1591 Maxwell was charged with ( 2001 -2004 count 6 Caroline accuser under S2 Indictment- she recieved 20 years for that alone so NPA highly relevant for her ). The NPA timeline was 2001 to 2007. So it would cover that. But the Epstein coconspirator clause states the UNITED STATES shall agree NOT to prosecute any of Epstein potential conspirators. It further states if Epstein abides by it then the UNITED STATES will not investigate and bring charges against Epstein further or any other individual or entity ( connected with Epstein) for any or all Federal offences. This is a wide immunity provision more than people realize ( overlooked). Thus there is no timeline limitation provision in the relevant immunity clauses or provisions. So arguably its wider than 2001 – 2007 anyway but at minimum its 2001 to 2007.

  • So it’s hellish in prison.

    But with etiquette classes and yoga.

    1st lesson in madam pimp manners:

    After you’ve aged out of interesting your boyfriend sexually and have been downgraded to simply being paid to procure young girls for his pleasure…don’t forget to smile!

    It can help to slightly mask your cold, dead and predatory eyes.

  • She 𝘮𝘪𝘨𝘩𝘵 be able to afford the appeal from the divorce settlement…ain’t no way in heck she can afford a retrial.

About the Author

Frank Parlato is an investigative journalist.

His work has been cited in hundreds of news outlets, like The New York Times, The Daily Mail, VICE News, CBS News, Fox News, New York Post, New York Daily News, Oxygen, Rolling Stone, People Magazine, The Sun, The Times of London, CBS Inside Edition, among many others in all five continents.

His work to expose and take down NXIVM is featured in books like “Captive” by Catherine Oxenberg, “Scarred” by Sarah Edmonson, “The Program” by Toni Natalie, and “NXIVM. La Secta Que Sedujo al Poder en México” by Juan Alberto Vasquez.

Parlato has been prominently featured on HBO’s docuseries “The Vow” and was the lead investigator and coordinating producer for Investigation Discovery’s “The Lost Women of NXIVM.” Parlato was also credited in the Starz docuseries "Seduced" for saving 'slave' women from being branded and escaping the sex-slave cult known as DOS.

Additionally, Parlato’s coverage of the group OneTaste, starting in 2018, helped spark an FBI investigation, which led to indictments of two of its leaders in 2023.

Parlato appeared on the Nancy Grace Show, Beyond the Headlines with Gretchen Carlson, Dr. Oz, American Greed, Dateline NBC, and NBC Nightly News with Lester Holt, where Parlato conducted the first-ever interview with Keith Raniere after his arrest. This was ironic, as many credit Parlato as one of the primary architects of his arrest and the cratering of the cult he founded.

Parlato is a consulting producer and appears in TNT's The Heiress and the Sex Cult, which premiered on May 22, 2022. Most recently, he consulted and appeared on Tubi's "Branded and Brainwashed: Inside NXIVM," which aired January, 2023.

IMDb — Frank Parlato

Contact Frank with tips or for help.
Phone / Text: (305) 783-7083


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