The judge in the corruption case of two former Tyco International Ltd executives called for a recess on Monday to weigh a request by defence attorneys for a mistrial due to media coverage that exposed the identity of a juror.
Attorneys for former Tyco Chairman Dennis Kozlowski and ex-finance chief Mark Swartz argued the public naming of the juror who gave Kozlowski what media reported as an "OK" sign on Friday killed any hope of a fair verdict in one of the largest corporate corruption cases in US history.
The juror's hand gesture came after the jury sent the judge several notes indicating deliberations had broken down amid bickering over a juror's apparent refusal to consider guilty verdicts.
"Any guilty verdict in this case would be a flawed verdict," defence attorney Stephen Kaufman said to New York State Supreme Court Judge Michael Obus.
Juror No 4's signal was described by the New York Post as a sign of solidarity with the defendants in the case.
On Saturday, the Post ran a blazing headline titled "Ms. Trial" with her name and an artist's rendering. The Wall Street Journal also identified her on its Web site.
"It ignores reality to suppose that no juror saw the front page of the New York Post," Kaufman said.
Kozlowski and Swartz went on trial nearly six months ago on charges they looted the Tyco conglomerate of $600 million.
Legal and journalism experts say revealing the name of the juror during a trial broke a cardinal rule of journalism.
But the case already was heading for a mistrial after jury notes last week described a "poisonous" atmosphere in the deliberation room.
The notes indicated a majority of the jury is leaning toward guilty verdicts in the 32-count indictment that accuses Kozlowski and Swartz of looting Tyco of $600 million.
Attention has centred on juror No 4, a retired teacher and lawyer in her late 70s, as the possible holdout against conviction.
So far, the judge has denied mistrial motions while urging jurors to be civil and to resume deliberations. The jury was not in the courtroom during Monday's motions.
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