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If Mr. Davis were forced to drop out during a trial with no co-counsel to carry on, a mistrial could be declared.
After a jury declared former presidential candidate John Edwards not guilty on one count of campaign fraud charges, and a judge declared on a mistrial on the other five charges, he spoke outside the courtroom in Greensboro, N.C.
But the ultimate decision on a mistrial, he said, has to be based on "a determination of fact about the jurors' exposure" to that publicity and its effect on them.
The all-day interviewing in United States District Court Judge Lawrence McKenna's chambers in Manhattan, postponed the third day of deliberations and delayed McKenna's expected ruling on a mistrial.
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Mr. Rodriguez's lawyer, Jeffrey T. Schwartz, asked again for a mistrial on Thursday, on the ground that the lead prosecutor's closing statements the day before had been "unduly inflammatory".
The judge also denied a defense motion before the verdict for a mistrial on the grounds that one of the jurors had referred to jury deliberations on his Facebook page, telling readers to expect a "big announcement" on Monday.
On July 9, a motion for a mistrial was made on the basis of the prejudice alleged to be caused petitioners by the publicity given the June 18 testimony of Mazzei concerning the assassination of Senator McCarthy.
He was charged with violating campaign finance laws stemming from money used to hide his pregnant lover, but a trial ended in 2012 with an acquittal on one charge and a mistrial on five others.
He ordered prosecutors and defense lawyers to submit briefs on whether a mistrial should be declared or the charges dismissed.
That trial ended in July with his conviction on one perjury count and a mistrial on three other charges, including two civil rights counts, after the jury could not reach unanimous agreement.
Nor was Mueller's victory a clean one: Ellis declared a mistrial on 10 additional charges over which the jury had deadlocked.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com