The juror in Ghislaine Maxwell’s trial who revealed he couldn’t remember how he answered a pre-trial question about his own sexual abuse history – casting doubt on the validity of Maxwell’s conviction – has asked the judge to see his answers.
Scotty David has retained lawyer Todd Spodek, who asked the court to provide the questionnaire, according to the New York Daily News. He could face perjury charges if he’s found to have intentionally lied.
David, 35, has claimed that he used his experience being sexually assaulted to influence other jurors, saying: ‘When I shared that, they were able to come around on the memory aspect of the sexual abuse.’
But video published by DailyMail.com last week revealed that David couldn’t remember if the pre-trial questionnaire asked about sexual abuse history – which it did.
Maxwell’s lawyers have since demanded a new trial and told the Mail on Sunday that they believe they found a third juror who lied about being abused, after a second unidentified juror told The New York Times that they, too, had been abused as a child.
Maxwell, 60, was convicted of facilitating the sexual abuse of minors by her former partner, Jeffrey Epstein, on December 29. She faces 65 years in prison, meaning she could spend the rest of her life behind bars.
Ghislaine Maxwell juror Scotty David, 35, has asked the court to see his answers on a pre-trial question about sexual assault after he revealed in an interview he didn’t remember it
David struggled to remember whether he disclosed his own sexual assault history before the trial as he boasted about using his experience to sway jurors to convict Maxwell
The fall-out of the revelations has been nothing short of disastrous for the prosecution, sending Maxwell’s conviction into chaos
The 48th question on the pre-trial survey for jurors asked: ‘Have 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.’
David has told Reuters that he ‘flew through’ the survey.
David’s revelations have exasperated those closely following Maxwell’s trial, as many feel that Epstein himself escaped justice when he killed himself in his New York City jail cell while awaiting trial in 2019.
A history of sexual abuse would not preclude a person from being in the jury, but it would almost inevitably be a matter for further discussion and questioning by the judge and attorneys.
In fact, both the prosecution and defense filed a request that the Court ‘pursue more detailed questioning if a particular juror’s answers reveal that further inquiry is appropriate.’
Judge Alison Nathan hasn’t decided whether David’s answers to the question warrant a court inquiry, the Daily News reports. Legal experts say the question likely comes down to whether or not David purposely omitted his history of assault.
Judge Alison Nathan hasn’t decided whether David’s answers to the question warrant a court inquiry
In an interview, David said he answered all questions honestly and so would have said yes.
Yet when asked if he ticked the box marked ‘yes’ in response to the prospective juror questionnaire question addressing sexual abuse, David’s immediate answer was, ‘No. They don’t ask your sexual history. They didn’t ask it in the questionnaire.’
When pressed and informed that it was indeed a question on the questionnaire David commented, ‘Interesting,’ apparently searching his memory and coming up empty.
David filled in the juror questionnaire on the first day of jury selection in November and despite his initial statement that he had not ticked a ‘yes’ box he went onto tell DailyMail.com, ‘I would’ve marked, ‘Yes.’ But I honestly don’t remember that question.’
Reddening and becoming flustered he said, ‘I can feel the blood [in my face] but I honestly, that’s why I answered that way.’
During the trial Scotty, who works in finance, was seated in the third row of the jury box, in the back corner. From his vantage point, he said, he had a vista of the entire court and the ‘perfect view’ of Maxwell herself
Scotty recalled looking directly at Maxwell, ‘I could literally see her [all the time]. There were times when it felt like she was staring right at me and we would lock eyes…it didn’t feel real’
David is now asking the court for his own answers to review them.
David previously told DailyMail.com that the matter of jurors’ sexual assault history wasn’t brought up in the second stage of the jury selection process, which comes after the questionnaire.
‘No it was never raised. They never, so that questionnaire was day on and then day two of jury selection we went in front of the judge and there were all the lawyers in the room and that’s where they asked me some questions.
‘They asked me what do I do, what I like to do for fun and, if I can be fair and impartial and it was literally like 30 seconds long and then I was out of the room.’
Maxwell was convicted last month, when the six men and six women jury found her guilty of sex trafficking of a minor, transporting a minor with the intent to engage in criminal sexual activity, and three counts of conspiracy. She was found not guilty of enticing a minor to travel to engage in illegal sex acts.
The US government is now offering to drop two perjury charges linked to claims Maxwell made in a 2016 deposition in a separate civil lawsuit should the sex crimes conviction stand.
Maxwell, 60 (above in 1991), could spend the rest of her life in prison after she was convicted last month on helping her partner Jeffrey Epstein abuse minors
A New York refused to dismiss a sexual assault lawsuit against the UK’s Prince Andrew by Virginia Giuffre (center)
Prince Andrew has been humbled by a US court as his attempts to throw out a civil claim against him failed – leaving him facing a costly and reputation shredding trial
Each perjury charge carries a maximum five-year prison term.
The charges allege the convicted sex trafficker lied under oath by hiding her participation in Epstein’s offences during a separate civil case brought against her by the Prince Andrew’s accuser, Virginia Giuffre.
Confirming their position in the letter to Judge Alison J. Nathan, the US government said: ‘In the event the defendant’s post-trial motions are denied, the Government is prepared to dismiss the severed perjury counts at the time of sentencing, in light of the victims’ significant interests in bringing closure to this matter and avoiding the trauma of testifying again.
The front page of a 46 page ruling from Judge Lewis A Kaplan that the Duke of York will face a civil sex case trial over allegations he sexually assaulted Virginia Roberts Giuffre when she was 17
Meanwhile, Prince Andrew is under severe pressure to settle with Virginia Roberts Giuffre after a New York judge refused to throw out her case – paving the way for a box office trial in nine months to examine claims she was repeatedly forced to have sex with him when she was a teenager.
The decision is a devastating blow to the Duke of York, who now faces a hugely expensive and reputation-shredding court case next September unless he tries to pay off Giuffre with at least $5 million.
If he chooses not to settle, or if Giuffre rejects any offers, Andrew faces being interviewed by her lawyers in a videotaped deposition in London that could be played in court, although the ninth in line to the throne cannot be forced to give evidence due to it being a civil suit in a different legal jurisdiction.
Additionally, he could simply ignore the case and let the court give a decision in his absence, although this would be likely to damage his reputation further.
Andrew has been forced to sell off the $23.3 million Swiss ski chalet he owns with his ex-wife Sarah, the Duchess of York, to cover his legal bills or a settlement after his mother the Queen reportedly refused to pay.
He was only able to sell the property after settling a £6.6m debt with the owner.