A federal judge in Miami today denied defense attorneys' request for a third mistrial in the case of six men accused of plotting to destroy Chicago's Sears Tower and attack FBI offices, despite evidence of disarray in the jury.
U.S. District Judge Joan Lenard instead asked prosecutors and defense lawyers to recommend whether a hearing should be held to consider removing a female juror described by other members of the panel in a note as being disruptive, offensive and refusing to deliberate. Deliberations have been stalled since Friday.
"This is a difficult situation," Lenard said.
Two previous trials for the "Liberty City Six" -- named for their inner city neighborhood -- ended in mistrials when juries could not agree on verdicts. This third jury heard two months of testimony and began deliberations only last week, undergoing one interruption when an elderly juror became ill and had to be replaced with an alternate.
The six men, arrested in June 2006, are charged with conspiring with al-Qaida to destroy Chicago's 110-story Sears Tower and bomb FBI offices around the country. The plan never got beyond the discussion stage and the group never obtained any weaponry or explosives necessary for such attacks.
The group's leader, 35-year-old Narseal Batiste, testified that he only went along with terrorism discussions because he wanted money from an FBI informant posing as an al-Qaida operative. Defense attorneys also claim the men were entrapped by an overzealous FBI.
The juror in question -- juror No. 4 -- did not report for deliberations Monday as required, instead informing court personnel she was ill with a stomach virus. Defense attorneys said they believe the illness may actually be a ruse to avoid further deliberations. The jurors are anonymous and known only by number.
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"It appears she is trying her best to get off this jury," said Rod Vereen, attorney for defendant Stanley Grant Phanor, 33.
The six defense lawyers jointly asked for a mistrial because of the jury problems, but Lenard said the request was premature. Instead, the judge must now decide whether to hold a hearing on whether juror No. 4 is refusing to deliberate, which could ultimately lead to her removal. Then, the panel could either continue with just 11 members or add another alternate.
The remaining jurors said in a new note Monday that the missing juror refused to follow the judge's instructions on applying the evidence to the law.
"I don't believe in the law. I don't trust the law," the note quoted the juror as saying.
