Judge declares mistrial in grand-larceny case

The mistrial was declared after a juror received a threatening letter.
NEW YORK (AP) -- A judge declared a mistrial in the grand-larceny case against two former Tyco executives Friday after nearly six months of testimony and 11 days of deliberations, citing intense outside pressure placed on one of the jurors.
A source, speaking to The Associated Press on condition of anonymity, said that Juror No. 4 -- a woman who had nearly brought the case to a mistrial last week -- had received a threatening or coercive letter within the preceding 24 hours.
"It is certainly a shame that this has to be done at this time," state Supreme Court Justice Michael Obus told the jurors.
"There has been no finding that this juror has done anything wrong," Obus said. "A great disservice may have been done to her and her family."
Prosecutors said they would seek a retrial against former Tyco CEO L. Dennis Kozlowski and former chief financial officer Mark Swartz, who were accused of looting the conglomerate of $600 million and could have gotten up to 30 years in prison.
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A gasp rippled across the courtroom when the judge announced the mistrial on what would have been the 12th day of deliberations. Several jurors looked chagrined.
"We literally were within minutes" of reaching a verdict, juror Peter McEntegart told CNN. "That's difficult for me right now." He said it would have been a split verdict, convicting on some counts and acquitting on others.
Kozlowski, 57, and Swartz, 43, appeared ashen-faced after hearing the news. Kozlowski told the AP, "I'm relieved now." He walked out of the courthouse with his wife and left in a black sport utility vehicle.
The jurors did not comment as they left the courthouse on a bus, though the judge said they were free to talk to the press.
Juror No. 4 arrived at her Manhattan apartment about 75 minutes after the mistrial was declared. Escorted by court officers, she was whisked past a horde of reporters and cameras without making any comment.
In a statement, the district attorney's office called the mistrial "unfortunate" and said it would seek a retrial "at the earliest opportunity."
Kozlowski's lawyer, Stephen Kaufman, said all sides would return to court May 7 to set a date.
"We're disappointed because of the events that occurred outside the courtroom that this case did not reach a verdict," said Kaufman, who declined to answer any questions.
Controversial juror
Juror No. 4 became the subject of intense press scrutiny last week, soon after the jurors sent out notes that said they were at one another's throats and that one juror was refusing to deliberate with an open mind.
Some news organizations reported last weekend that the juror -- a 79-year-old former teacher who earned a law degree late in life -- had made an "OK" gesture toward the defense as she passed by the lawyers. The Wall Street Journal and the New York Post used her name, the Post also ran a front-page sketch of her giving the "OK" and called her "Ms. Trial" and "the batty blueblood."
Defense lawyers repeatedly asked for a mistrial, saying the juror -- an apparent holdout for acquittal -- was being pressured by the press and possibly by other jurors to change her vote.
The judge rejected the requests time and time again, but on Friday cited "efforts to pressure the jury from the outside" in granting the mistrial. He also complained that Juror No. 4's name was published "in violation of our conventions."
The trial came amid a spate of major cases involving corporate corruption. During the trial, federal prosecutors brought criminal charges against former executives of WorldCom and Enron, and Martha Stewart was convicted in a stock scandal just blocks away.