Juror In WTC Deliberations ?Wants Out'

NU Online News Service, April 28, 2:19 p.m. EDT?Jurors in the World Trade Center insurance trial, which was in recess today, were due to resume deliberations tomorrow after a session Tuesday that began with one panel member expressing a desire to leave the panel.[@@]

Reasons for the juror's informal request?which was made through the court's deputy clerk yesterday?were not clear.

The trial judge speculated that disagreements with fellow jurors might be a cause. This one juror "may want out because she has a disagreement with a majority of the jurors," said U.S. District Court Judge Michael Mukasey. Some attorneys on the case speculated there could be any number of external reasons, such as a family or health problem.

Jury deliberations, which go into their seventh day tomorrow, concern highly technical transactions involved in the WTC insurance coverage, a potentially tiring task even without dissension on the panel.

The judge said he won't talk to the juror about the request unless it is made formally in writing.

The jury, now in its second week of deliberations, is trying to decide which insurance form controlled the coverage when terrorists destroyed the Twin Towers?a Travelers form or a Willis' "Wilprop" form. Billions of dollars in claims money could be influenced by the jury's decision in this case?13 of the WTC insurers represented in this trial contend they signed their binders on the basis of Wilprop, which limits the WTC claim to one event worth $3.5 billion.

But WTC leaseholder Larry Silverstein argues that prior to Sept. 11, 2001, the governing form had been changed to the Travelers form, which leaves open the possibility that the terrorist attack constitutes two covered events worth some $7 billion.

"We have a problem," Judge Mukasey told the court. "One of the jurors has made it known to my deputy clerk that she wants out." But the judge noted that the trial still has a sufficient number of jurors to dismiss this particular juror if needed.

In disclosing the juror's request, Judge Mukasey also asked lawyers from both sides whether they would accept a less-than-unanimous verdict in case there are disagreements among jurors.

Because it is a civil trial, the lawyers could agree to go with just 10 jurors and as little as six jurors, instead of the current 11?one juror was already dismissed earlier in April because of a business obligation?or the lawyers in this trial can agree to accept a verdict that is less than unanimous. (The judge in this case has broad discretion to dismiss jurors even during deliberations if he finds it necessary, but the judge cannot dismiss jurors simply because of disagreements in deliberations.)

The judge reiterated his view that in a case with such high stakes it is still "better for everybody" to have a unanimous verdict than not in this case, "simply because of what is up for grabs here."

But while Mr. Silverstein's lawyers said they would be open to a less-than-unanimous verdict to avoid a retrial, the insurers' lawyers appeared to be split on this issue. While most insurers appeared to be opposed to a less-than-unanimous verdict, lawyers representing the Federal Insurance Company told the judge yesterday that they would agree to accept a non-unanimous verdict, nine-to-two majority or better.

Judge Mukasey also informed lawyers from both sides that "it's important to do nothing" in regard to the juror in question at this point, saying that he himself hasn't yet received any formal communication in writing from her.

The judge also said he decided not to question the juror at this time because he doesn't want to "pollute any instruction" that he could give to the jury in the future by what he might learn about the deliberations. The judge added, however, he would indeed speak with the juror if she does make a formal request to leave in writing.

Jurors yesterday afternoon asked to review some testimony from an executive at Willis, Mr. Silverstein's broker for the WTC insurance placement.

Special Reports /

Juror In WTC Deliberations ?Wants Out'

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