Tyco Judge Denies Request For Mistrial

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

31 March 2004

The jury in the trial of former Tyco International chairman, Dennis Kozlowski, and chief financial officer, Mark Swartz has resumed deliberations following New York Supreme Court Judge Michael Obus's dismissal of defense calls for a mistrial.

Media coverage of an alleged split between jury members over the guilt of the two men on the 32 counts of grand larceny and corruption brought against them, reached fever pitch last week, following allegations that a female juror had made a gesture of solidarity towards Kozlowski.

The defense team called for a mistrial, arguing that the greatly increased level of media coverage resulting from the alleged gesture could adversely affect Kozlowski and Swartz's chances for receiving a fair verdict.

However, speaking this week, Judge Obus revealed that he had spoken with the juror in question, who told him that "nothing that has happened will, from her point of view, prevent her from deliberating in good conscience with the other jurors".

He went on to add that:

"It seems to me that it would be inappropriate to declare a mistrial when all 12 jurors, who have devoted six months of their lives to this trial, are prepared to continue."

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