An Honest Mistake: The Hazard of One Juror's Questionnaire

Juror Number 50 and the “Honest Mistake”

A juror’s omission on their jury questionnaire cast doubt on a recent verdict in a high-profile criminal case and on the fairness of the jury selection process. Ghislaine Maxwell was convicted in December on sex-trafficking charges. Following the verdict, Scotty David, “Juror 50” in the case, revealed to the media that he shared his own experience of abuse as a child with the other jurors during deliberations.  David shared that he remembered significant elements of his own abuse but not every detail, which swayed several jurors concerned with the accuracy and memory of victim witnesses.

 Once reported, both parties brought the matter before the court to inquire into David’s failure to disclose the past abuse. The jury questionnaire specifically asked whether the juror had been a victim of sexual harassment, sexual abuse, or sexual assault, and whether the juror had been subject to abuse at the hands of a family member. David answered “No” to both questions, but told media he had been subject to sexual abuse as a child by his stepbrother and shared this experience with other jurors. Judge Alison Nathan granted David immunity to testify at the inquiry hearing after David told the court he would invoke his fifth amendment right against self-incrimination. Upon questioning, David stated that he felt rushed completing the questionnaire and was distracted by activity in the court room and by a recent breakup. He additionally stated that he answered no to the questions as he did not view himself as a victim and did not consider his stepbrother a family member. David denied intentionally lying in order to be placed on the jury, claiming it was “an honest mistake.”

 Maxwell’s attorneys have requested a mistrial, alleging that the misstatements were intentional and deliberate. Further, the defense pointed to David’s communication with news medias and social media posts following trial, claiming these were a “publicity tour.” Judge Nathan has allowed both sides to submit further briefing before she issues a ruling.  

Combatting Mistakes and Dishonesty

Jury questionnaires are a vital tool in assisting the court and parties in forming an impartial jury. Collecting information through a questionnaire can also save time and money and encourage more honest answers from jurors than public questioning in open court. However, whether intentionally or by accident, jurors still may provide inaccurate or untrue information through these questionnaires, which undermines the process of selecting 12 unbiased jurors. Juror honesty has long been upheld as fundamental to the Sixth Amendment right to an impartial jury.

The instance of Scotty David presents a unique situation which demonstrates the intersection of high-profile cases generating media attention and the weaknesses of the jury questionnaire. First, the propriety of discussing jury deliberations with the media is called into question, especially where this exchange was revealed but the court cannot probe into deliberations on review. Second, this exposes the potential for juror confusion throughout the selection process. To pursue the goal of an impartial jury and fair trial, attorneys and courts must strive for ways to combine jury questionnaires, voir dire questioning, and other information collecting tools to assist jurors throughout the selection process and remove genuinely biased jurors.