When asked why she had not used her pass key to go into another room, she said they all had “Do Not Disturb” signs on the door. After her grand jury testimony, prosecutors discovered that this was false when the hotel belatedly provided them with the electronic key records showing that Diallo had entered room 2820 at 12:26 PM, after her encounter with DSK. The same record also showed that she had also entered room 2820 prior to her encounter with DSK at a time when the occupant had not checked out and may have been in the room. Why she concealed visiting 2820 was “inexplicable” to the prosecutors, who noted in their motion for dismissal that if she had mentioned her visits to 2820, it would have been declared part of the crime scene and searched by the police. But she did not do so.
Nor were DSK’s lawyers able to find an explanation. When they attempted to learn the identity of the occupant of 2820, Sofitel refused to release it on grounds of privacy. Given Diallo’s conflicting accounts, all that we really know about what happened in the nearby room 2820 is that Diallo went there both before and after her encounter with DSK and then omitted the latter visit from her sworn testimony to the grand jury. We still do not know if there was anyone in 2820 when she entered it again following the encounter with DSK or if, prior to the police arriving, anyone influenced her to omit mention of room 2820.
The Sofitel electronic key record, which the hotel did not turn over to the prosecutors until the next week, contained another unexplained anomaly. Two individuals, not one, entered DSK’s suite between 12:05 and 12:06 PM while he was showering. Each used a different key card entry. The key card used at 12:06 belonged to Diallo; the key card used at 12:05 belonged to Syed Haque, a room service employee who, according to his account, came to pick up the breakfast dishes. If he did so, he would have turned left and gone to the dining room. But Haque has refused to be interviewed by DSK’s lawyers, so his precise movements have not been made public. Since the key cards do not register the time of exit, it cannot be determined from them if both parties were in the room at the same time or, for that matter, at the time of Diallo’s encounter with DSK.
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