The identification in the press of "Juror #4" during the course of the Tyco led to threats sent to her home and ultimately, a mistrial. As a result, as reported here by the NY Times on Thursday:
The judge presiding over the retrial of Frank P. Quattrone, the former Credit Suisse First Boston investment banker, refused yesterday to lift an order banning the media from identifying jurors, citing the mistrial of two former Tyco executives that was caused, in part, by the publication of a juror's name. * * *Here is a report from CFO.com. And here is a quote from an AP story published 4/14/04 in Newsday:In arguing to have the order rescinded, Mr. Schulz contended that while the media did not intend to publish the names of jurors, the order violated the First Amendment. "We are concerned not about the process," he said, "but the notion that you can turn around and order the press what they can do or not do with information once it's public. There is a very bright line under the First Amendment that says that you can't restrain information once it's out there."
Steven Peikin, an assistant United States attorney, appeared to agree, telling the judge, "Our review of the case law seems to suggest that under prior existing case law, that the restraint that the court has imposed might very well be unlawful." Lawyers for Mr. Quattrone have taken the position that the jury should be anonymous and requested the order that the judge issued Tuesday.
While reporters traditionally do not identify jurors by name during a trial, news organizations said Owen's order on Tuesday violated the First Amendment.[Update] A front page story from today's (4/17/04) Washington Post reports:"Nothing has occurred to date in this case to suggest that extraordinary measures are needed to prevent publication of the names of prospective jurors," lawyer David Schulz wrote to Owen in a letter delivered Wednesday. * * *
Owen's order Tuesday barred publication of the name of any prospective or selected juror in Quattrone's trial "until further order of this court." On Wednesday, Owen went further -- ordering reporters not to discuss the case in the courtroom if they know they are sitting near a potential juror.
The judge said a prospective juror on Tuesday had "got involved in some kind of a conversation" with a reporter in the courtroom.
In the Tyco case, some news organizations printed the name of a juror who made a gesture that some interpreted as an "OK" sign sympathetic to the defense. The juror denied the allegation, and the judge declared a mistrial April 2 after the juror reported receiving threats.
A federal judge yesterday tried to get deliberations moving in a high-profile murder trial by taking the unusual step of replacing a juror who for nine days refused to consider evidence in the case.Posted by Marcia Oddi at April 17, 2004 10:17 AMU.S. District Judge Royce C. Lamberth brought back an alternate juror to take the ousted man's place and ordered that deliberations begin anew. The move was a last-ditch effort to rescue the six-month trial of six men accused of acting as lieutenants in Murder Inc., a D.C. drug gang that authorities say was responsible for 31 slayings.