Rogue Juror Who Could Tank Maxwell Conviction to Plead the Fifth

(Bloomberg) -- The juror in Ghislaine Maxwell's trial who said he raised his childhood sexual abuse during deliberations is pleading the Fifth at a hearing next week on whether her conviction should be overturned.

Todd Spodek, the juror's lawyer, said Tuesday in a letter to the judge that his client would invoke his constitutional right against to self-incrimination to not answer questions at the March 8 hearing in Manhattan federal court.

Maxwell's lawyers moved for a new trial after the juror, identified by his first and middle names, Scotty David, gave a series of post-verdict press interviews in which he said he brought up his sexual abuse to convince to other members of the jury to convict her. They say his failure to disclose his abuse during the jury selection process deprived the defense of its ability to question him about it and possibly strike him from the panel.

During the jury selection process, Scotty David filled out a questionnaire that asked if he or anyone close to him had previously been an abuse victim. He answered “no.” The questionnaire included a warning that any failure to tell the truth could lead to perjury charges.

Immunity Grant

Federal prosecutors on Tuesday said they plan to ask Nathan to compel David to answer questions under oath, citing sections of U.S. law that would grant him immunity from prosecution. The government can seek such an order if the testimony may be in the public interest.

The British socialite was convicted on Dec. 29 of enticing, grooming and sexually abusing underage girls with her former boyfriend Jeffrey Epstein, a result widely seen as long-delayed justice for victims of the disgraced financier. Epstein was found dead in his jail cell in 2019 while awaiting his own trial on sex-trafficking charges.

Scotty David, who works as an executive assistant at Carlyle Group, told media outlets he brought up his past to sway other jurors who doubted the accounts of some of the women who testified against Maxwell. He said in a Reuters interview that he “flew through” the questionnaire. After Maxwell's lawyers raised the prospect of a new trial, Scotty David engaged Spodek, who previously represented convicted con artist Anna Delvey.

Prosecutors have argued a new trial isn't warranted because Scotty David may have simply made a mistake when answering the juror questionnaire. They note that he answered truthfully when asked about other topics that might have resulted in his dismissal, including stating that he had read some past coverage about Maxwell and Epstein.

The case is U.S. v Maxwell, 20-cr-330, U.S. District Court, Southern District of New York (Manhattan).