Scooting Along - Defense goes it with 11 Jurors

Feb. 26 (Bloomberg) -- A juror in the perjury case of Lewis ``Scooter'' Libby was dismissed after receiving out-of-court information about the case. The judge decided deliberations would continue with the 11 remaining jury members.

The female juror came in contact with information about the case by accident, U.S. District Judge Reggie Walton said after discussing the situation with her, the jury foreperson and lawyers. The judge ruled that the juror, an art historian, couldn't remain on the panel.

Walton told the remaining seven women and four men on the jury to resume deliberations. Defense lawyer Ted Wells told the judge that adding an alternate to return the panel to 12 members would require it to start over, which he said wouldn't be fair to Libby. (emphasis added)

We think the defense must like the jury. If you thought a loss was likely, you would never keep the jury, or fight the loss of the juror to preserve error on appeal. The prosecutor agrees; he wants 12. BTW - this was not the same woman who refused to wear the valentines t-shirt, and so some rancor might still be at play.

And trust us, a mistrial by hung jury is not only considered a win (and good for the lawyer's bottom line), but it's likely to discourage the prosecution from attempting the trial twice. With so many politically juicy tidbits making the circuit from the first go around, their might be an administration clamor to cry uncle.