MSNBC reporting that juror dismissed is the non-wearing t-shirt juror

[peacetalksforall]

Female who was curator who caught attention of reporters in attendance all along is the juror dismissed.

[Laura PourMeADrink]

1. here's the latest from FDL

http://firedoglake.com/
Monday, February 26th, 2007 at 7:37 am
Meanwhile, Back at the Courthouse…
By: Jane Hamsher


(AP Photo/Pablo Martinez Monsivais)

I'm at the courthouse, and as Christy said in her update, one of the jurors was exposed to media coverage of the trial. Nobody really expected anything early this morning, so everyone is scrambling into the media room to try and figure out what's going on. Both teams are in the courtroom, and Fitzgerald, Wells, Jeffress and the judge are back with the jurors. Lots of finger drumming, toe tapping and leg swinging on the part of those left waiting. I'm sure the message from the judge to come back to court this morning was like a tazer jolt to everyone's already jangled nerves this morning.

What does this all mean? Well I, like everyone else, look to Christy:

They will voir dire the juror in question, as well as all of the members of the jury to see what that juror saw and what, if any, impact it had in deliberations. It could be as innocuous as seeing a headline.


I'm wondering if this is a product of the Toensing nullification argument special in the WaPo, to be perfectly honest.

Once they go through the discussion with the jurors on the record, there will be some determination made as to whether or not there is a substantial impact on the jury deliberations — or whether there is cause for a mistrial. If a mistrial is declared, they will have to retry the whole case.


What is more likely is that the judge will determine that what the juror saw did not have a substantial impact. Judge Walton will then admonish the jury not to have contact with media — period. He may decide to sequester the jury from here on out. He will likely issue a cautionary instruction on how this should or should not enter the jury room. But we'll have to see what the level of exposure was to know what will happen.

And now we wait.
Toensing/WaPo jury tampering article can be found here.

10:45

Everyone is filing back into court — Wells, Jeffress, Fitzgerald and his poker face.

Walton in the courtroom, calls everyone to the bench.

Walton: One juror has now been dismissed based upon the knowledge of her part that she did have information based on this case. It wasn't intentional, but what she had exposure to disqualifies her from further deliberations of this case, so I need to know what counsel's position is as to how to proceed.

Wells: It is the position of defense that jury deliberation should continue with a jury of 11 and that at this juncture an alternate should not be put onto the jury, because as we understand it if a new juror is appointed they must start deliberations all over again which is something in our opinion would be prejudicial to Mr. Libby. That would be a jury of 11. If we have a situation that for some reason another juror is lost, it is such that we would be left down to 10 and we believe your honor would have the ability to appoint the alternates in, so we're not on the "cliff of a mistrial." Don't want to throw away 2 1/2 days of deliberations when these jurors are obviously making their way through the charges, and would be highly unfair to Mr. Libby.

FitZ: The gov't would prefer 12 jurors. If you're going to replace jurors anew that it's preferable to do it after 2 1/2 days of deliberation. We think there is a preference for 12 jurors and we think there is a risk that if someone gets ill we get into dangerous territory of 11 jurors.

Walton: Don't think there is any reason to believe this jury was irresponsible — info from juror did not taint the others. They have deliberated for 2 1/2 days, don't want to throw away that work. If something does unforseeably happen to another juror then we sill have the option of recalling the alternates. I did tell them before they left they should continue to not let themselves be exposed to this case from outside sources. So rather than throw away the 2 1/2 days devoted to this effort, I will allow them to continue their deliberations.

(jury filed back in)

Walton: The law does now allow you to continue your deliberations with 11 jururs, so that's what I'm going to do. Let me just ask if all of you have kept yourself isolated from any information about this case — if that is so, raise your hand. Okay, everybody raised their hand saying they have not had any outside information, and I ask that you continue to do that. It is imperative — you must decide this case based only on what you heard in this courtroom. With that I ask that you go back and proceed with your deliberations. Thank you.

(recess — 11:01 am)

[Fresh_Start]

5. In defense of not wearing a T-shirt

the juror was almost old enough to be my grandma. My grandma would never wear a T-shirt especially not to court. She would believe it to be disrespectful.

[Ian David]

8. Art Curator Dismissed From Libby Trial

By Jane Hamsher @ 8:12 am

The juror who was dismissed was the art curator who wouldn't wear red on Valentine's day. Wells is reportedly quite happy with the results, and we hear Mr. Fitzgerald came as close to losing that poker face as he has — he was evidently quite pissed.
http://www.firedoglake.com/2007/02/14/7242/


CW has it that things are going to be a bit nutty from hereon in.

More:
http://www.firedoglake.com/2007/02/26/art-curator-dismissed-from-libby-trial/



See also:


An Interesting Side Note…
By: Jane Hamsher

shuster34.jpg

David Shuster, who has done a bang-up job of covering the Libby trial for MSNBC, sent the following email:

When the jurors came in 45 minutes ago for the final evidence presented in this case, 13 of the 14 juros (12 jurors and 2 alternates) were wearing bright red t-shirts with a large white heart on the front. The shirts appeared to be new… The one juror not wearing a red shirt was an elderly woman who works as an art curator. A man on the jury, who is a retired school teacher originally from north carolina, then read a statement to the court. The man said the jury wanted to "thank the clerks, marshalls, and judge for all of the accomodations made" for the jury during this trial. The juror then said the entire jury understands their responsibilities in this case and that their "unanimity may now go no further." "But on behalf of the jury," said this man, "we want to wish everybody a Happy Valentine's day."

To say this moment was awkward would be an understatement. All of the attorneys, and the judge, appeared on the edge of their seats. At the conclusion of the juror's statement, the attorneys nervously and politely clapped…and the judge sheepishly thanked the panel for being "a very attentive jury." Then, the judge moved on…

What does it mean that one juror, who seemed particularly cantankerous during jury selection, refused to go along with the rest and wear the bright red t-shirt? Could it be that she is the only one on the panel with any sartorial taste? Or does it mean something more serious for jury deliberations next week? The issue was noted by attorneys on both sides of the case outside in the hallway.

Marcy and I were in the media room at the time and only saw the people in the courtroom laughing as the jury filed in (we don't see the jury on closed-circuit TV). It may mean nothing than one person not into making sartorial group statements, but since Libby only needs one juror to hold out, it could have broader implications. Something to think about anyway.

More:
http://www.firedoglake.com/2007/02/14/7242/

[liberal N proud]

2. non-wearing t-shirt juror?

What the hell do they mean by that?

Is it now against the law to go with out a t-shirt? I am in big trouble if so.

[peacetalksforall]

7. On Valentine's Day, eleven jurors wore red t0shirts and read a

Valentine thank you to court workers and the Judge or something like that. One didn't wear one. She is supposed to be an art curator with prestigious (museums?) and appears to have acted quite independently - and Shuster said defiantly - against the defense team.

Correction - I'm listening to an update from SHuster - the person who acted defenseively against the defense team was the first alternate. Makes more sense that Wells doesn't want her.

[NoodleyAppendage]

3. So, she wouldn't go along with the Kangaroo Court and was dismissed?

Sounds like the BUSH APPOINTEE Judge is setting up conditions for an appeal. Justice is blind...only for the poor and insignificant.

J

[Ian David]

4. Juror No. 0677?

This juror?

Scooter Libby Trial - Watch Out For Juror No. 0677

And then there's Juror No. 0677. She is a television producer. She claimed she had paid attention to the case in a "circumfery" manner, and she has booked some of the journalists involved in the case. She was questioned about her ties to these reporters and whether she could evaluate their testimony without favor. She said yes. As for Cheney, she said, "I don't have any objective feelings about whether he would be more or less credible in this case."

She also mentioned that she was once an intern at the National Journalism Center and then an intern at The Washington Times, the conservative newspaper owned by Sun Myung Moon's Unification Church. There were no queries from the judge and lawyers about these connections. Yet might she be a conservative harboring pro-administration inclinations? Though the National Journalism Center has a bland name, it is a rightwing outfit that trains young conservative journalists and finds them jobs. Not all of its graduates are ideologically minded. But the group was launched in part by the American Conservative Union. It has received funding from the Lynde and Harry Bradley Foundation and the John M. Olin Foundation, leading conservative foundations. (The John M. Olin Foundation funded itself out of business in 2005.) Several years ago, the National Journalism Center was taken over by another conservative group, the Young Americas Foundation.

Jurors ought not be blackballed for their political views. But if a National Journalism Center graduate makes it on to the jury, the Libby legal team would have reason to be pleased. Fitzgerald might want to ask her a few more questions.

http://www.thenation.com/blogs/capitalgames?bid=3&pid=158370

More:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x3146507

[rocktivity]

6. No one who works for the mass media should have been on this jury.

:headbang:
rocknation

[Windy]

9. I heard she was a museum curator

I don't think its the same juror

[peacetalksforall]

10. Schuster at MSNBC says the dismissed juror is the one who didn'tt

wear the t-shirt on Valentine's Day - also said she is the art curator at prestigious (museums?), and often has body language like crossing arms seemingly targeted at the defense team?

[peacetalksforall]

11. Correction - Shuster says the first alternate is the one who appeared

to show defensiveness against the defense team.

[Chemical Bill]

14. The Moonie Times juror...

that's the one I worry about.

Bill

[Annces]

12. Firedoglake on Art curator juror

""52 Pachacutec says:

February 26th, 2007 at 8:28 am

Gang, listen to me, please:

The art curator was an unreadable (as far as this case) individualist elitist. I have no idea how she was leaning, though she often seemed a bit bored by testimony.

Look for a more unified jury that will work hard to deliver a verdict. I have a hunch who the foreperson might be, and a hunch who organized the tee shirt thing. I think this may be the same person, one who has previously been a jury foreperson.

Fitz may have fought for and wanted an alternate, and thought that Walton’s caution in this regard was badly placed, legally. But, if I’m not mistaken, defense has forfeited its right to appeal if it has been supportive of continued deliberations with a jury of eleven.

One of the alternates, an African American woman, clearly looked dubious of the defense. Wells may be happy to keep her out (she would be a 50/50 shot to come back in), and Fitz may have wanted that chance.

We won’t know what came out in chambers so there’s not really much point in speculating what Fitz may be pissed about. He may even think this juror should not have been dismissed, and may have felt she was a good juror for him. ""





http://www.firedoglake.com/2007/02/26/art-curator-dismissed-from-libby-trial/#comments

[marions ghost]

13. the t-shirt wearing thing

this is the first I've heard of it.

That is just BIZARRE. Juror solidarity in the form of t-shirts (leaving one juror out)--is this legal?

I think all the jurors should have been dismissed for this.

[peacetalksforall]

15. It was reported that the courtroom didn't know how to take it also.

I don't like cutesy things like this that are inappropriate for the setting. I would have fought like crazy to talk the rest of them out of it.

The Judge let it go by. I still feel uncomfortable about it.