[Ultra Sonic 007]

Given that a bunch of the other jurors had no issue going public with their frustrations about the holdout (to the point no one knew that the holdout was black until one of their interviews dropped it, days before Michael went public himself), I think the matter of legal filings was a fait accompli at that point.

[Alberta's Child]

Yes -- you're absolutely right.

My point is that the lawyer probably may not have filed the motion at all if the holdout juror hadn't come forward on his own -- even though he had already been identified in the media. I don't think the lawyer would have wanted to touch that one based only on statements made by the OTHER jurors.

I've been involved in several court cases where something like this unfolded. Fact X is critical to the case. Both the plaintiff and defendant know it, but it can't be introduced into the case immediately because it is covered by some form of legal protection. The defense would prefer that it remain hidden forever.

So the plaintiff gets Fact X introduced into the case during the discovery process by issuing a subpoena, and during the course of various arguments over a motion to suppress the subpoena it comes out that the defense was legally obligated to share it with a third party not related to the case and therefore couldn't shield it as "protected" information.