NEW YORK — Ghislaine Maxwell will not get a new trial because of a juror’s failure to disclose during jury selection that he was sexually abused as a child, a judge ruled Friday.
Manhattan Federal Court Judge Alison Nathan found that Scotty David’s crucial omission at the beginning of the trial — which he revealed to news outlets after the guilty verdict — was not intentional.
“His failure to disclose his prior sexual abuse during the jury selection process was highly unfortunate, but not deliberate,” Nathan wrote.
“The Court further concludes that (David) harbored no bias toward the Defendant and could serve as a fair and impartial juror.”
Nathan grilled David last month about his answers on the questionnaire. He tried to excuse his inaccurate answer by explaining he was distracted by a recent breakup during jury selection and felt rushed.
“I didn’t have a phone, I didn’t have a book, I was sitting there twiddling my thumbs thinking about the breakup that just happened a few weeks prior and sitting in my feelings and not very focused,” David said, testifying under an immunity order.
David told the court that he was 9 and 10 years old when “a family member, who is no longer a part of the family, and one of their friends” abused him.
But Nathan said his past experience, if he’d disclosed it, didn’t disqualify him from jury service. She referred to David as Juror 50 in the order.
“To imply or infer that Juror 50 was biased...would be tantamount to concluding that an individual with a history of sexual abuse can never serve as a fair and impartial juror in such a trial. That is not the law, nor should it be,” Nathan wrote.
In her highly-anticipated order, the judge said she found David’s testimony at the inquiry to be credible.
“He appeared to testify frankly and honestly, even when the answers he gave were the cause of personal embarrassment and regret. His incentive at the hearing was to testify truthfully or face criminal perjury charges,” wrote Nathan.
“His tone, demeanor, and responsiveness gave no indication of false testimony. The Court thus credits his testimony that he was distracted as he filled out the questionnaire and ‘skimmed way too fast,’ leading him to misunderstand some of the questions.”
David and his fellow jurors deliberated for 40 hours over six days before returning the guilty verdict. During the month-long trial, they heard from four women who described how Maxwell groomed them for Jeffrey Epstein’s abuse starting when they were as young as 14 years old.
The 60-year-old Maxwell faces up to 65 years in prison when Nathan sentences her on June 28 for aiding in a decade-long scheme to recruit and transport young victims worldwide for Epstein’s abuse.
Maxwell’s attorney Bobbi Sternheim did not immediately respond to a request for comment.
According to court filings, David may have more surprising statements that have yet to be revealed.
Earlier Friday, Maxwell’s lawyers asked Nathan to hold off on ruling on Maxwell’s motion for a new trial until after a new interview David gave to a documentary, “Ghislaine – Partner in Crime” has aired.
David’s lawyer Todd Spodek did not respond to a call seeking comment.
