Share

It is the question at the heart of the Ghislaine Maxwell controversy, the answer on which her conviction could stand or fall.

Did juror Scotty David answer yes or no when asked during jury selection whether he had any history of sexual abuse?

David has remained silent amid the maelstrom that has raged since he and one other juror revealed that they were victims of sexual abuse and that they shared their experiences with other jurors.

Earlier this week DailyMail.com published the first interview in which David addressed the issue of what he had shared during jury selection in both the prospective juror questionnaire and follow up questions during voir dire.

In the hours that followed the government called for an inquiry while Maxwell’s lawyers called for a mistrial and new proceedings entirely.

Now, seen here for the first time, this exclusive video captures the moment the matter was raised as David first denies that any question about his sexual abuse history was asked, then pivots and claims that he does not remember.

Earlier this week DailyMail.com published the first interview where juror Scotty David addressed the issue of what he had shared during jury selection. He admitted to being a victim of sexual abuse, but said he didn't remember the question being asked on the juror questionnaire

Earlier this week DailyMail.com published the first interview where juror Scotty David addressed the issue of what he had shared during jury selection. He admitted to being a victim of sexual abuse, but said he didn't remember the question being asked on the juror questionnaire

Earlier this week DailyMail.com published the first interview where juror Scotty David addressed the issue of what he had shared during jury selection. He admitted to being a victim of sexual abuse, but said he didn’t remember the question being asked on the juror questionnaire

Now DailyMail.com can reveal exclusive video that captures the moment the matter was raised.  David first denies that any question about his sexual abuse history was asked, then pivots and claims that he does not remember

Now DailyMail.com can reveal exclusive video that captures the moment the matter was raised.  David first denies that any question about his sexual abuse history was asked, then pivots and claims that he does not remember

Now DailyMail.com can reveal exclusive video that captures the moment the matter was raised.  David first denies that any question about his sexual abuse history was asked, then pivots and claims that he does not remember

He goes onto say that 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’s recall of the impact his story made on other jurors is far clearer. He has pinpointed it as the moment when, on day three, jurors reached a level of ‘understanding’ that allowed them to move forward with deliberations.

And he has been categoric in his assertions that it allowed him to persuade uncertain jurors that the victims’ accounts, with their patchy memories and apparently contradictory behaviors, were credible.

The fall-out of the revelations has been nothing short of disastrous for the prosecution.

Attorneys for the ex-socialite and one-time companion of Jeffery Epstein have called for a new trial, describing the admissions as, ‘incontrovertible grounds’ for a mistrial. And legal experts have said that her convictions could very well be tossed.

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.’

The fall-out of the revelations has been nothing short of disastrous for the prosecution, sending Maxwell's conviction into chaos

The fall-out of the revelations has been nothing short of disastrous for the prosecution, sending Maxwell's conviction into chaos

The fall-out of the revelations has been nothing short of disastrous for the prosecution, sending Maxwell’s conviction into chaos

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

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

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

Reddening and becoming flustered he said, ‘I can feel the blood [in my face] but I honestly, that’s why I answered that way.’

The question on the questionnaire read, ‘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 advances, including by a stranger, acquaintance, supervisor, teacher, or family member).’

There were three boxes by way of answer: Yes (self), Yes (friend or family member) and No.

Troublingly, David, who admitted that he ‘flew threw’ the questionnaire confessed, ‘I don’t remember it being there but, um, I did answer, I remember a [question about a] family or relative or something, being sexually abused. I was honest on all my questions.’

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'

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'

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’

Maxwell’s attorneys had fought to ask the question about jurors’ personal experiences of sexual assault or abuse or any close connection to a victim of it, as they viewed this as a source of ‘significant potential’ bias given the nature of the charges and evidence.

And while a history of sexual abuse would not preclude a person from being in the jury 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.’

But, when asked if, given his assertion that he would have ticked ‘yes,’ the matter of his sexual abuse history was raised during voir dire – the second stage in the jury selection process – David told DailyMail.com, ‘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.’

Source: Daily Mail UK

Leave a Reply

Your email address will not be published.