Tyco jury selection may be easier next time around ? first trial juror
NEW YORK (Reuters) ? Finding another twelve men and women to decide a retrial of Tyco International Ltd.'s former top executives may not be too difficult despite the case's spectacular history of trouble.
People might even be emboldened to serve.
So say legal experts, whose conclusions run counter to a notion that people might be less willing to have another go at the case.
After all, this was a trial that lasted a tortuous six months, where deliberations turned "poisonous" and a juror received a threatening letter before the judge bitterly declared a mistrial.
"Jurors have very short memories," said Philip Anthony, chief executive of DecisionQuest, a trial consulting firm. "I would bet that two weeks from now if 100 Americans were polled and asked what specifically happened, they couldn't tell you."
Some 1,500 potential jurors were summoned for selection in the first trial of Kozlowski and Swartz, who are accused of looting the conglomerate of more than $600 million to finance lavish lifestyles.
The trial came to an abrupt end last week when State Supreme Court Judge Michael Obus declared he had "no choice but to grant a mistrial" given outside pressures on jurors, particularly a 79-year-old retired teacher and lawyer who became the centre of controversy during deliberations and later received a threatening letter.
Now, what happened in the case against former Tyco brass Dennis Kozlowski and Mark Swartz is fodder for radio and television programs, magazines and the front pages of newspapers.
And not all of the jurors have shied away from the attention. One of them, Pete McEntegart, has written a first-person account of his experience for Time magazine. Others have appeared on television.
Prosecutors, who have said they will bring a second case, will likely avoid jurors who would be very scrupulous about criminal intent, an apparent sticking point with the first jury.
Lawyers for the defense have an even better idea of who they would prefer on the jury. "Courtesy of New York, they have now conducted the most expensive jury profiling in the history of man," according to Berg.
What's more, there will be shortage of candidates from which to choose in New York. "Manhattan is a huge island, and you can certainly find 12 people who will be clean," said Tim Hoeffner, a partner with Saul Ewing in Philadelphia.
