Scotty David, who spoke on condition that only his first and middle names are used, said he went into the trial firmly believing that Maxwell was 'innocent until proven guilty' and viewing the victims with a skeptical eye

Scotty David spoke only on the condition that his middle and first names were not used. He stated that he entered the trial believing Maxwell was innocent until proven guilty and that he looked at the victims skeptically.

After a jury member openly acknowledged that he had been abused as a child and discussed the matter during deliberations, lawyers for Ghislaine Maxill claim they have “incontrovertible” grounds to a mistrial.

According to the claim, Maxwell filed a Federal Court lawsuit in Manhattan Wednesday. This strongly indicates that Maxwell’s attorneys were unaware of it. Scotty David, a juror in Maxwell’s exclusive interview, stated that Maxwell had answered all questions honestly but that he could not recall being asked. 

Another juror stated that as children, they were also sexually abused and shared their experiences during deliberations. 

An earlier request by the US Attorney General for an investigation of the Ghislaine Maxill trial juror’s admission to having ‘flew through the’ juror questionnaire, but that he couldn’t recall the answers. This revealed that he was a victim sexual abuse.

DailyMail.com obtained the letter Wednesday from Federal Court. It was filed as an immediate response to Scotty David’s interviews in which Scotty revealed that he had admitted to being a victim. This marked a significant shift in deliberations.

Maxwell’s legal team has now stepped in. In a blistering – though heavily redacted – filing they address what they describe as ‘an issue of pressing importance.’

The defense stated, “It was brought to my attention that the Juror” (the “Juror”) has given oral and taped interviews to several members of the media regarding the jury’s deliberations.

These interviews were published in multiple media outlets. The Juror stated to reporter, among other things that he revealed to other jurors during jury deliberations that his victim of sexual abuse was him. He also described the events in detail. His disclosure, according to the Juror, influenced deliberations which led to Ms. Maxwell.’

Maxwell’s defense has asked the judge for a ruling on this matter prior to any other motions.

They state, ‘Should the defense prevail on this motion – and we believe the law and facts are clearly on our side – it would render all other post-trial motions moot. When this motion is dispositive, Ms. Maxwell does not need to waste precious resources and time briefing others motions. 

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 said that Maxwell was looking at her directly. [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’

Lawyers for Ghislaine Maxwell say they have 'incontrovertible' grounds for a mistrial after a juror openly admitted that he was a survivor of sexual abuse and had discussed it during deliberations

After a jury member openly acknowledged that he had been a victim of sexual abuse, and they discussed this during deliberations, lawyers for Ghislaine Maxill claim there are ‘incontrovertible grounds’ for a mistrial.

David was interviewed by DailyMail.com on Tuesday evening, and was asked about his personal experience with sexual abuse. He answered the question in his juror questionnaire before he was selected.     

He immediately replied, “No they don’t ask you about your history of sexual abuse.” It wasn’t asked in the questionnaire.

One of the fifty-question questions asks you to answer question 48. Have you ever or someone close to your been victim to sexual harassment or abuse? This includes attempted or actual sexual assault, as well as any other unwelcome sexual advances, by anyone, whether they are a family member, friend, stranger, colleague, teacher or supervisor.

You need to mark three boxes: “Yes (self), “Friend of family member” and “No.”

David responded to DailyMail.com by saying he “definitely remembers” filling out questionnaire on day 1 of selection. However, I don’t really remember answering the question.

He said, “I certainly remember that.” [question about a]A relative, family member or another object being sexually abused. I answered all my questions honestly.

Legal experts say Maxwell could be entitled to a mistrial, or to move for her convictions to be quashed if David fails to reveal any of his past.

Two days were required for jury selection. Jurors had to fill out questionnaires on the first day. Some jurors were terminated at this point, and others moved on to the “voir dire” stage. This is where they appear before the judge. This stage was where both defense and state attorneys had the opportunity to speak with jurors more in depth.

Each party has a limit number of peremptory strike which permits attorneys to refuse a possible juror without giving any reason.

A judge may agree to dismiss a jury member ‘for cause’. They don’t need to use any of their peremptory strike. If the judge agrees with a request to dismiss a juror for cause, it means that they are unable or incapable to be impartial.

Maxwell would have been severely hindered if Maxwell’s legal team had not known about a juror’s past of sexual abuse.

David said that he never had to answer the question about sexual abuse during the voir dire stage. He explained, “We went before the judge and all of the lawyers were in the room. That’s when they asked some questions. They wanted to know what I did for fun and what my hobbies were. If I could be fair and impartial, it took about 30 seconds and I was then out the door. 

David revealed that another juror had suffered sexual abuse and assault during his story, but he did not detail the details.

He stated that the room became silent when he disclosed his past. His experience as a survivor enabled him to understand the stories of those who were present, particularly Elizabeth Loftus (defense expert witness) regarding memory, false memory, or implanted memory.

David also interviewed him and said that he had ‘flew through the’ questionnaires.

David’s comments on the public were sufficient to get the government to contact Judge Nathan, who presided over Maxwell’s trial and conviction.

The US Attorney General has requested an investigation into Scotty David's public admission that he 'flew through' the juror questionnaire and 'could not remember' revealing that he had been a victim of sexual abuse

US Attorney General requested an investigation into Scotty’s admission to having ‘flew through the’ juror questionnaire but ‘couldn’ remember’ which revealed that he was a victim of sexual abuse. 

A picture of Ghislaine Maxwell and Jeffrey Epstein relaxing in the Queen's log cabin at Balmoral was shown at her sex trafficking trial. Wearing a blue checked shirt, the British socialite is seen resting her arm on Epstein's knee as they sit in the exact same spot in the hut in Glen Beg that the Queen has been pictured relaxing in

At the Queen’s sex trafficking trial, Jeffrey Epstein and Ghislaine maxwell were shown a photo of them relaxing at Balmoral’s log house. The British socialite, wearing a checked blue shirt, rests her arm on Epstein’s knee while they sit at the same place in Glen Beg where the Queen was photographed relaxing.

According to the letter, “The Government is aware that one juror gave several interviews regarding his jury duty in this case.” Although the Court told jurors they could freely discuss their jury service to anyone, the Court should pay attention to some statements made by media. The juror referred to being a victim in particular of sexual abuse. In order to verify the authenticity of the reporting, the juror claimed that he “flew through” the prospective juror questionnaire but doesn’t remember being asked whether he was ever a victim. He did however state that he would answer honestly.

In the letter, the Court requests that an investigation be conducted and that a hearing is set up within one month.

At the time they wrote the letter, the defense counsel had not responded to their request. The prosecution suggested to the Court to reach out to David (not named in the letter) and inquire if he would prefer counsel be appointed to this matter.

DailyMail.com has reached out to lawyers for Maxwell in a bid to determine whether they were aware of David – or any other juror’s – history of sexual abuse of assault during jury selection. The lawyers for Maxwell have yet to respond.

In his interview, David said he had helped the other members of the jury understand things from a victim’s point of view and explained how ‘you can’t remember all the details’ of traumatic memories – this was a crucial line of attack by Maxwell’s lawyers who called a ‘false memory’ expert witness. 

David also claimed that the five guilty verdicts returned in New York last week, possibly condemning Maxwell to spend the rest of life behind bars, were for ‘all the victims’.  

David stated that he entered the trial believing Maxwell was innocent until proven guilty and keeping a close eye on the victims.

However, he stated, “After all that I have learned, she is just as guilty” as Epstein. Although I do not want to label her a monster or a predator, it is the correct word.  

“She was aware of what was going on. Epstein knew she was there and allowed her to let it go. So that Epstein could be with the girls, she helped to make them feel comfortable.

“And to me, their repeated returns for the money doesn’t have anything to do with anything since these girls were minors and it doesn’t matter what incentives they received. It does not matter what happened.    

Scotty revealed that he was not the only juror to share a story of sexual abuse and that it did not affect his ability to view Maxwell as innocent until proven guilty

Scotty said that Maxwell was not innocent until he had been proven guilty.

Scotty was in finance and sat in the corner of the third row in the jury box during the trial. He claimed that he could see the whole court from his position and Maxwell’s face.

He remembered, “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.’

“She kept taking notes and was always passing them to her attorneys, particularly when she was cross-examination.

At times, he said, ‘I felt like she was watching what we were doing because there were times when some jurors, not during when the victims presented their testimony, but when certain other people presented on things that maybe they didn’t feel mattered…some people would nod off.’

Scotty stated that Maxwell was a little standoffish in court and this was brought up during the deliberations. Scotty stated, “We discussed that she seemed a bit standoffish, but not necessarily cold. She looked more attentive.”

Scotty shared a shocking insight with Maxwell, who was reported to have wanted to testify, but was told against. She said that taking the stand would have shown Maxwell that maybe she is a bit more human.

‘Maybe if she gave her version of the story, who knows, maybe if she gave us a story of how she was manipulated…I don’t know. However, that would have been an admission to what I think of as guilt. 

The jury was instructed to not draw inferences of guilt from Maxwell’s decision to not testify. Scotty stated that it was just set aside and not dealt with during deliberations.

He answered, “Absolutely. This is her entire life. Based on the evidence, we decided what would happen.

“We took it very seriously, because this could have been our sister. Our sister could be in court here. The evidence must be analyzed carefully to ensure that we are able to prove her guilt or innocence.

David stated to The Independent that he believed all of the accused were credible, in spite of defense attacks on their memories and stories.

“They all seemed plausible.” He stated that nothing they spoke felt like a lie to him.

“I can recall what took place when I was sexually assaulted. The color of the walls and carpet are all I can remember. He said that some of the evidence could be replayed as a video and explained it to other jurors.

“But, I don’t recall all of the details. There are some parts that go together.”

Scotty stated that when Scotty shared his personal experience with sexual abuse, the room “went silent”.