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Well, verdicts do have to be unanimous, and judges to frown on 'hung juries'

Apparently, judge's instructions were fine. The jurors reportedly say they were pressured by the foreman, who wouldn't let them hang and was intimidating. Some question about his connections as well.

Given the controversy now swirling around this case, and the inevitability of appeal, I am wondering why the two BP agents aren't (weren't) released on bail pending appeal.

I believe from the 5th circuit docket that the agents have petitioned to be released pending the appeal. This was done since the trial court denied their request to be released. If the 5th circuit grants their request, it MAY be some insight as to how they feel about the appeal. This is kind of like reading tea leaves. I am very questioning about the "subsequent arrest." That could be one of their better their better points of error. It depends greatly on the facts developed, the disclosure to the defense and the rulings of the trial judge. I don't have enough information regarding the it to hazard a guess as to the at that aspect of the appeal. I would like to see more information developed on it. I frankly don't think that the error regarding the 3 jurors is going to be reversible error. Given the facts as alleged and posted here, the case law out of the 5th Circuit makes it difficult unless there was an improper instruction given to the jury by the trial court. If the misunderstanding was the result of jury deliberations, as it appears here, then the 5th is unlikely to reverse. Courts see this situation all the time in jury trials. Unfortunately, the weak jurors in this case were in support of the defendants. I could be wrong, but I don't see it being a winner.