Judge dismisses juror from Libby case

updated 7:22 p.m. ET Feb. 26, 2007

WASHINGTON - A federal judge avoided a potential mistrial in the CIA leak case Monday by dismissing a juror and sending the other 11 back to continue deliberating the fate of former White House aide I. Lewis "Scooter" Libby.

U.S. District Judge Reggie B. Walton said the juror had seen or read something over the weekend about Libby's trial.

"What she had exposure to obviously disqualifies her," the judge said.

He did not say what the juror had seen but characterized it as a misunderstanding. He has ordered jurors to avoid media coverage of the case.

Walton originally feared several jurors were tainted, raising the specter of a mistrial in the politically charged case. Libby is accused of lying and obstructing the investigation into the 2003 leak of CIA operative Valerie Plame's identity.

After questioning jurors behind closed doors, however, Walton said the remaining seven women and four men were not affected. Special Prosecutor Patrick Fitzgerald Walton asked the judge to call on one of two alternates, both women, who sat through the trial and are on standby.

But Walton said that would require deliberations to begin fresh and said he didn't want to "throw away two and a half days" of discussions. Instead, he sided with Libby's lawyers and allowed deliberations to continue with 11 jurors — something allowed under federal law in such situations.

"They should continue with their deliberations and I will emphasize again the importance of not having contact with any outside information," Walton said.

The woman who was dismissed from the jury is an art history expert and scholar who formerly served as a curator of prints at the Metropolitan Museum of Art. 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.

Walton has ordered jurors to avoid contact with media coverage of the trial.

Jurors occasionally saw some news coverage during the monthlong trial. Unlike those incidents, after which only one juror was questioned, Walton said each juror would be questioned behind closed doors.

4th day of deliberations
The decision came as jurors began their fourth day of deliberations and raised the possibility of a mistrial if jurors had been prejudiced in the highly publicized and politically charged case. The jury reached no verdict before retiring at the end of the day.

Libby, the former chief of staff to Vice President Dick Cheney, is accused of lying and obstructing the investigation into the 2003 leak of CIA operative Valerie Plame's identity.

Attorneys picked the jury of eight women and four men after asking them about their political views, their favorite television news shows and what newspapers they read.

Since beginning deliberations last Wednesday morning, the jury has issued brief written notes requesting a large flip chart, masking tape, Post-it notes and a document with pictures of the witnesses

The eight women and four men began deliberations late Wednesday morning and have issued only two brief written notes, which suggested they are methodically reviewing the evidence against the former chief of staff to Vice President Dick Cheney.

15-minute notice
Libby and his lawyers have remained in or around the downtown courthouse throughout the deliberations. Walton has told everyone to be on a 15-minute notice to be back in the courtroom in case of a verdict.

MORE FROM POLITICS

Politics Section Front

Poll: Partisanship sways opinions on Palin McCain, Obama campaigns battle for 'change'   Bush pushes offshore drilling VP candidates' sons headed to Iraq Obama: McCain focused on biography over economy McCain says 'it's over' for special interests Subpoenas to be issued for Troopergate probe Brownstein: What if McCain is elected? NYT: Party in power, running as if it weren't Jobs data highlight voters' top concern Politics Section Front   Add Politics headlines to your news reader: