Mr. Persico's lawyer, Sarita Kedia, said she planned to ask for a new trial, given the contradiction.
"We are going to have a big enough issue with a fair trial," given the extensive media attention the case has received, he said.
"On the other hand, the central issue still remains: Can any defendant get a fair trial given the circumstances and context of the case?
"Such a trial, given the impact upon Arabs, is a natural target for an act of terrorism in this most unstable environment".
But that could be difficult to demonstrate at trial, given the poor record-keeping of the era and what is known about how Mr. Kirby worked.
Out of thousands of episodes, one should read the evidence to this trial given by an extraordinarily brave woman, the single survivor of her family.
Other defense lawyers expressed anxiety about the time needed to prepare for trial, given the volume of evidence and the number of defendants.
"The judge was generally favourable to the government throughout this trial, given the state of the law and the facts of the case, the likelihood is they would receive the same verdict.
Mr. Hilow, a former prosecutor, said he was concerned about his client's ability to get a fair trial, given the intense publicity about the case and "the circumstances in society today, with all the cases involving priests".
The Thai trial, given the name RV144, was controversial from the start because it involved two vaccines given together, one of which had previously failed to protect people from HIV while the other had not been tested alone.
A senator, Jokey Arroyo, has warned that it could take 200 years to complete the trial, given that each of the accused has the right to cross-examine each witness.
