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Mistrial Declared In Tyco Case

by Glen Shapiro, LawAndTax-News.com, New York

06 April 2004

Following the declaration of a mistrial in the corruption case against former Tyco CEO and CFO, Dennis Kozlowski and Mark Swartz on Friday, New York's district attorney has pledged to seek a retrial.

The case collapsed following a letter received by Ruth Jordan, a juror named by the US media in an unprecedented move following suggestions that she had expressed her support for Mr Kozlowski via a gesture in the courtroom.

Although the letter received by Ms Jordan regarding her not-guilty stance was reportedly signed and not overtly threatening, following as it did from an anonymous telephone call on the same matter, it alarmed the juror enough to bring her concerns before the presiding judge, Justice Michael Obus.

According to the Wall Street Journal, the 12 jury members were "minutes" away from delivering convictions on several of the charges of grand larceny and corruption levelled against Kozlowski and Swartz when Justice Obus called a halt to the proceedings, citing "efforts to pressure the jury from the outside".

In a statement, Manhattan District Attorney, Robert Morgenthau announced that:

"The Manhattan District Attorney's Office intends, at the earliest opportunity, to seek a retrial," adding:

"For that reason, any further comment would be inappropriate."

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