Some time in 2013, a story line ran between Guardians of the Galaxy and All-New X-Men starting in Guardians 11, "The Trial of Jean Grey".
Here Jean had been transported from the past, accused for her future genocide crimes as the Phoenix.
In X-Force though, after Phoenix's death, they later find the real Jean in a status pod under the river where the shuttle crashed. At that time they eventually decide that Jean was never the Phoenix, and instead Phoenix used a simulacrum of her body and mind.
Do none of the characters involved in the trial know this, or has history changed in some way that again made Jean the Phoenix? I am guessing these could be different Earths, so in that case was Jean ever the Phoenix in some story-lines?
Also what happen to the real Jean? Is there a reason why Gladiator would have never had a chance to put her on trial if he was so desperate for vengeance?