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Juror in Stevens trial is removed

Court officials are unable to reach the woman after her father's death. Deliberations will probably start over.

October 27, 2008|The Associated Press

WASHINGTON — A federal judge Sunday dismissed one of the jurors in Alaska Sen. Ted Stevens' corruption trial because the court lost contact with the woman after her father's death.

U.S. District Judge Emmet Sullivan plans to seat an alternate juror today and order the jury to start its deliberations from the beginning, a setback for Stevens' attempt to get a verdict before Alaskans vote on his reelection bid Nov. 4.

"I think we've been more than reasonable," said Sullivan, who said court officials had not spoken with the juror since Friday despite repeated attempts to contact her.

In the Senate since 1968 and now its longest-serving Republican, Stevens is charged with lying on Senate financial disclosure documents to conceal $250,000 in home renovations and other gifts from a friend, millionaire oil contractor Bill Allen.

Stevens has proclaimed his innocence. He is locked in a tight race with Democrat Mark Begich for his Senate seat, and had hoped for an acquittal before election day.

Defense lawyer Robert Cary argued for Sullivan to delay his decision until noon today in case there was a reason the juror had not contacted the court.

"She may be on her way back," Cary said.

But Sullivan said court officials had repeatedly tried to contact the juror to no avail. "She has, for whatever reason, chosen not to communicate further with the court," the judge said.

Sullivan also dismissed suggestions to continue deliberations with 11 jurors, saying a restart of deliberations would not eliminate that much work.

"They haven't been deliberating that long," he said.

Sullivan shut down what would have been the third day of deliberations Friday, after the juror rushed to California because of her father's death Thursday night.

The judge prepared one of the four alternate jurors that same day, and will speak to the alternate again today before adding her to the seven women and four men on the jury.

The trial, which began Sept. 22, has been beset by problems since the case went to the jury Wednesday. Within hours, the jurors asked to go home, sending a note to the judge saying that things had become "stressful."

On Thursday afternoon, in a more explicit note, the eight women and four men asked the judge to dismiss one of their own.

"She has had violent outbursts with other jurors, and that's not helping anyone," the note read.

Sullivan did not dismiss the juror in question.

Instead, he called jurors into the courtroom and told them to "encourage civility and mutual respect among yourselves."

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