John Nichols: Libby: No Mistrial, Yet (The Nation)

[marmar]

BLOG | Posted 02/26/2007 @ 10:57am
Libby: No Mistrial, Yet

John Nichols

U.S. District Judge Reggie B. Walton, on Monday morning, dismissed a juror in the trial of I. Lewis "Scooter" Libby after determining that the juror had been exposed to media coverage of the trial of Vice President Cheney's former chief of staff.

After meeting with jurors and lawyers behind closed doors, the judge allowed jury deliberations -- now in their fourth day -- to continue with 11 jurors. He could have called on one of two alternate jurors.

The machinations surrounding the errant juror raised concerns about whether a mistrial might ultimately be declared. But that won't happen , at least for now.

From the start of the trial, the jury has been under strict orders to avoid watching, listening to or reading news coverage about the trial and issues related to it because of concerns that contact with the news could taint the process.

The judge halted deliberations after raising concerns about information the juror learned over the weekend. ......(more)

The complete piece is at: http://www.thenation.com/blogs/notion?bid=15

[robinlynne]

1. what gets me is the fact that libby's team was SO happy about this juror

being dismissed. could be the mistrial objective, or it could be that she was on our side...

[OrangeCountyDemocrat]

4. Appeal

It raises an issue for them on appeal, by saying the judge should have declared a mistrial, or at the least started deliberations over again with an alternate.

This raises their case for appeal, that's my guess.

[Dudley_DUright]

5. I am not a lawyer, nor do I play one on the intertubes,

but don't you sort of have to ask for a mistrial now in order to bring it up on appeal later?

[OrangeCountyDemocrat]

6. Don't Know

You might have a point.

[robinlynne]

7. As a matter of fact libby's lawyer requested to go forward with 11 jurors, so

they could only ask for a mistrial if it were to say that libby was poorly represented by his lawyer. His lawyer cannot say that the judge ruled infairly, when the judge ruled in his favor...

[twiceshy]

8. Didn't know "we had a side"

Isn't a trial about justice? I don't care who it is the same rules of innocent until proven guilty should apply.

[wakeme2008]

2. Grrrrr was she watching Fox or reading Salon.....

that what I want to know

[OrangeCountyDemocrat]

3. That Juror Should Be Held Accountable

I'm sure they were just dismissed with a Thanks for coming, but there should be some reprecussions for their actions.

Whether intentional or a mistake, it is at the very least suspicious, and at worst criminal.