Napolitano said the trial judge would have to determine if the evidence was so flimsy and the jury was so confused for a new trial to be granted BUT that puts the judge in a bad light since he permitted them to deliberate. In short possibility of getting a new trial is slim. Appeal is next step, says Napolitano who earlier said since they found him guilty of 4 out of 5 counts a successful appeal is unlikely. Frankly Napolitano leaves me more confused than the jurors in the case.
The judge could do this, if he wanted to, just by arguing that he didn't realize that they didn't know what the hell they were doing until the questions that came in this morning. But it's very unlikely.
I can't imagine a 4/5 count means anything. I'm sure it sometimes indicates a "serious" jury but if Wells can point to a specific error on Fitz' part, it doesn't matter.