- The Washington Times - Monday, February 26, 2007

ASSOCIATED PRESS

After the judge dismissed one of its members, the jury finished a fourth day of deliberations yesterday without a verdict in the perjury trial of former White House aide I. Lewis “Scooter” Libby.

Most of the morning was consumed by deciding what to do about an art historian on the jury who saw or read something over the weekend about the trial. After interviewing her in private along with lawyers in the case, U.S. District Judge Reggie B. Walton ruled that “what she had exposure to obviously disqualifies her.”

The judge let the jurors continue deliberating with just 11 members after the defense endorsed that option. He overruled prosecutors who asked him to seat one of two alternate jurors who heard the trial and remain on standby.

Judge Walton said he didn’t want to “throw away two and a half days” of discussions that the jury has had since getting the case at midday Wednesday. If an alternate had been seated, the jury would have been required to begin its deliberations over from the beginning.

The jury returns today.

Mr. Libby, who was chief of staff to Vice President Dick Cheney, is accused of obstructing the investigation into the 2003 leak of the identity of CIA operative Valerie Plame, whose husband was a prominent Iraq war critic.

Judge Walton never disclosed what the juror had seen, but he concluded that the exposure was not intentional and resulted from a misunderstanding of his orders. He has ordered jurors to avoid press coverage of the case and to stay off the Internet.

The dismissed juror formerly served as a curator of prints at the Metropolitan Museum of Art in New York. She was also the only juror who did not wear a red T-shirt as part of the jury’s Valentine’s Day greeting to the court.

Usually, defense attorneys want the largest number of jurors available because they only need one to hold out against conviction in order to force a mistrial, said Lawrence Barcella, a prominent Washington defense lawyer who spent 16 years as a federal prosecutor.

“This is surely a well-thought-out calculation for the defense based on the jurors they have, the way they guess the deliberations might be going, and who the alternate would be.”

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