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Lynne Stewart Trial Upset: Mistrial Denied

By Jeralyn, Section Terror Trials
Posted on Wed Jan 26, 2005 at 08:59:11 PM EST
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Chaos ruled today in the trial of defense lawyer Lynne Stewart when deliberating jurors reported "an incident" between their van driver and a Stewart supporter.

The incident, which some jurors said made them feel threatened, prompted defense lawyers to ask U.S. District Judge John Koeltl to declare a mistrial. Koeltl denied the request.

Their note to the Judge read:

"Judge Koeltl, we had an incident in the van on the way home yesterday," read a note from the jury foreman. "The Marshal was notified. ... Because we feel threatened, we would like to discuss this with you in person."

Here's what happened:

On Tuesday night, while heading home, the unidentified driver steered the van toward a group of reporters gathered outside the courthouse waiting for another case. A protester was standing next to them, holding signs indicating his support for Stewart. One sign read, "We defend dedicated people like Lynne Stewart, the damned, doomed and downtrodden."

Koeltl said the driver rolled down the van window and asked the protester, "Who's Lynne Stewart?" The protester approached, but the van drove off. Six jurors were in the van.

The defense levied additional allegations against the driver, obtained from jurors:

Stewart's lawyer, Michael Tigar, who did not attend the juror interviews, said the driver exhibited "bizarre" behavior and made "anti-gay and racial comments." He demanded a mistrial be declared.

Deliberations have taken three weeks to date, with jurors actually deliberating 4 1/2 days. They are anonymous and partially sequestered.

The driver has been relieved of his duties.

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    Lynne Stewart Trial Upset: Mistrial Denied | 4 comments (4 topical)
    Re: Lynne Stewart Trial Upset: Mistrial Denied (none / 0) (#1)
    by Talkleft Visitor on Wed Jan 26, 2005 at 09:15:42 PM EST
    What?

    Re: Lynne Stewart Trial Upset: Mistrial Denied (none / 0) (#2)
    by Talkleft Visitor on Thu Jan 27, 2005 at 04:30:19 AM EST
    et al - Sounds like they need a new van driver. But not a new trial. It would be intersting to know who inittated the discussion. The driver or the juror.

    Re: Lynne Stewart Trial Upset: Mistrial Denied (none / 0) (#3)
    by Talkleft Visitor on Thu Jan 27, 2005 at 07:59:56 AM EST
    I wonder if the "protestor" is that one dirty-looking middle-aged dude - always alone - who's been standing outside the Second Circuit building during the Lynne Stewart trial. Anyone else seen him? I tried to talk to him, but he seemed to have the transfixed One day I saw him on Wall Street - alone, save for the cordon of cops protecting him -near Falun Gong protestors with a scribbled sign that said something bizzare like "Falun Gong = Arafat" Dude's so crazy, I wouldn't be at all surprised if he worked for the US governmemt.

    Re: Lynne Stewart Trial Upset: Mistrial Denied (none / 0) (#4)
    by Talkleft Visitor on Thu Jan 27, 2005 at 08:01:06 AM EST
    "transfixed gaze" was how that paragraph was supposed to end. I guess that's what I get for stealing from Don Delillo.

    Lynne Stewart Trial Upset: Mistrial Denied | 4 comments (4 topical)