Mr. Kendall added that the jurors had never been told that the detective who had elicited the confessions had previously been reprimanded for having elicited false ones.
He added that the jurors had shown that they were "very conscientious," and, if asked, would most likely try to read the entire book, which actually runs 218 pages.
But Zagel added that the juror also said he could judge the evidence without bias.
"Finding someone who doesn't have an opinion about Barry Bonds is like finding a cowboy who doesn't have an opinion about a horse," he said, adding that the ideal juror is likely to be a casual fan who has heard of Bonds, but does not know much about him.
The appeals court agreed, adding that the prosecutor's warning essentially told jurors to ignore the judge's instructions.
He added that the holdout juror had initially voted for conviction on that count during the jury's deliberations but changed her mind the next day.
"Depriving a capital defendant of his constitutional right to have a jury decide whether he is eligible for the death penalty is an error that necessarily affects the framework within which the trial proceeds," he wrote, adding that giving jurors a larger role aided in fairness of sentencing.
Camden County isn't cutting out the goodies completely, said Mr. Carugno, adding that grand jurors will still get coffee and donuts.
Fernando Mateo, a Lucero family spokesman, said outside the courtroom that Justice Robert W. Doyle's decision to keep the jury deliberating into the late evening was "inhumane," adding that most of the jurors "are falling asleep".
You report that in announcing the verdict, the jury forewoman said 10 of the 12 jurors had concluded that executing Mohamed Rashed Daoud al-'Owhali, convicted of murder in the 1998 bombing of the American Embassy in Kenya, "could make him a martyr," adding that five of the jurors found that "life in prison is a greater punishment since his freedom is severely curtailed".
