Judge: Tyco jury can continue deliberations [Juror flashed "ok" sign to defense; no mistrial]

AP/MSNBC ^ | March 29, 2004 | AP

[In_25_words_or_less]

NEW YORK - A judge ordered more deliberations Monday in the trial of two former Tyco executives, rejecting a defense mistrial motion contending that one juror apparently holding out for acquittal had been pressured by intense media coverage.

State Supreme Court Justice Michael Obus said he spoke privately with the juror, who was identified by name on the cover of a tabloid newspaper over the weekend and depicted making an “OK” hand signal to the defense.

He said she told him “that nothing that has happened will from her point of view prevent her from deliberating in good conscience with the other jurors.” He also said, without explaining, that the juror “volunteered more than was asked.”

SNIP . . .

In requesting the mistrial, defense lawyer Stephen Kaufman showed the judge the front page of Saturday’s edition of the New York Post, which bore a sketch of the juror and called her “Ms. Trial” in large type. The paper identified her by name and called her a “paranoid socialite” and “batty blueblood.” The Wall Street Journal also identified her by name.

[isom35]

cant the juror be dumped and go for a sub?

[thiscouldbemoreconfusing]

This smells fishy.

Why?

[In_25_words_or_less]

cant the juror be dumped and go for a sub?

I don't know. I posted all I know about the law in reply #10. ;o)

[jojodamofo]

You sure you want to defend "poor" Martha??

http://www.opensecrets.org/indivs/search.asp?NumOfThou=0&txtName=stewart%2C+martha&txtState=%28all+states%29&txtZip=&txtEmploy=&txtCand=&txt2004=Y&txt2002=Y&txt2000=Y&Order=N

I personally have no problem with that case.

[Moleman]

Dennis is a crook. I owned and still own tyco stock. That said I would be helping the economy by putting a pool in this year. But no! This ass loots the company and tanks the stock. The Enron A-holes didn't hep either.

[mewzilla]

Jury tampering?

[jojodamofo]

I diversify, and anyone who doesn't invests at their peril. I still think most of these cases are witchhunts. Nobody will win.

[E. Pluribus Unum]

I personally have no problem with that case.

Most jealous little mindless twits don't.

[Tunehead54]

Most jealous little mindless twits don't.

---

You know you can hit the abuse button on yourself and have an intemperate post pulled without penalty. This might be one of those times.

I am not jealous of MS - I bought IMCL at 6.8 2 years ago after the "crash" - last time I looked I'm up 600+%. Still she traded on insider info. Period. That's a crime. As a director of the NYSE and a board member of numerous corporations this was not news to her.

Greed got her and regardless of the timing (Enron, Tyco, etc.) she's been nailed. Its not jealousy - its called justice. ;-)

[templar]

This widespread attack on "corporate crime" is nothing more than an attack on capitalism, IMO.

A lot of Enron and such stockholders might disagree.

[Tunehead54]

Dang! Hit post without review - and yes I know it was obstruction not insider trading which is much harder to prove - only point is she tried to save a few bucks - illegally - and lost hundreds of millions - in that respect she's already been punished. Still I look forward to her cell decorating tips. ;-)

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[jojodamofo]

I am not jealous of Martha Stewart in the LEAST. And like I said in other posts, I think that most of the cases against CEO's are nothing more than a liberal witchhunt to make the little guy feel better. The big lesson to be learned is to diversify your investments -- don't attack the executives for the mistakes of the investors who pumped their entire life savings into one stock.

[ahayes]

cant the juror be dumped and go for a sub?

No, see my reply #20 posted just above yours.

[squidly]

Maybe the judge has a good reason

Yeah, like maybe he's in on the fix with the juror? Wouldn't be the first time.

[BikerNYC]

In NY, once a jury has retired to deliberate, a juror cannot be substituted by an alternate without the defendant's consent. As a defendant will virtually never consent to such a thing, alternates are typically dismissed with the consent of both parties when the jury begins deliberation.

While 12 jurors are required to convict in NY, under federal law a juror can be dismissed under certain circumstances and a unanimous verdict of 11 jurors is good enough to convict.

[Robert A Cook PE]

Yes, but apparently this juror was deliberately consorting (flashing signs) with the defense lawyers.....

[blau993]

Doesn't make any difference. If a juror is goofy, you either weed him/her out at jury selection or you live with it. That's our system. Love it or leave it!

[E. Pluribus Unum]

I am not jealous of Martha Stewart in the LEAST. And like I said in other posts, I think that most of the cases against CEO's are nothing more than a liberal witchhunt to make the little guy feel better.

Your ignorance is breathtaking.

Dennis Koslowski is a bona fide criminal who stole millions with criminal intent, and you say it is a witch hunt.

Martha Stewart was NOT guilty of insider trading, only lying to a prosecutor, and you think she got what she deserved.

What a maroon.

[Whiners suck]

That is the single most ridiculous comment I've read regarding this debacle. If she were a liberal would she not want to see the big corporate poobah fry? Think before ye type.

[smiley]

go suck an egg...I'm entitled to my opinion....