Stevens Jury Drama Continues—Post-Verdict

Juror No. 4, come on down and talk to a judge.

U.S. District Judge Emmet Sullivan has issued an order to show cause commanding Juror No. 4 in the Sen. Ted Stevens trial—the juror who bolted to California mid-deliberation—to appear in court Nov. 3.

Judge Sullivan wants to know why the juror "failed to respond to the court's numerous and continued attempts to communicate with you ... regarding your obligations as a deliberating juror in this matter." Failing to respond to a judge's order can lead to contempt charges.

Deliberation was suspended last week for a day—when the juror said she was going to California to deal with a family matter—to allow the court and the lawyers in the case to decide how to proceed. Judge Sullivan said the juror told the court that her father died.

The juror told Judge Sullivan in a phone call last week that she planned to return to the District between Monday and Wednesday. She apparently gave no indication in the call that she did not want to deliberate further in the case. Williams & Connolly defense lawyers, and a government prosecutor, met Sunday evening in court to debate the next step.

At the hearing, Judge Sullivan said Juror No. 4 had stopped communicating with the court and the judge refused to speculate why. But he said then that the inquiry about the lack of communication would not end. Williams & Connolly partner Rob Cary urged the court to continue to try to reach the juror and to postpone deliberation at least until the juror had been reached. Prosecutor Nicholas Marsh said the juror would be unfit to serve given her emotional state.

Judge Sullivan seated an alternate juror, and the panel returned seven guilty verdicts Monday afternoon.

The disappearance of the juror followed a series of juror issues that plagued the trial. The foreman sought the removal of a juror, No. 9, for her alleged "violent outbursts" and refusal to follow rules. Judge Sullivan denied the request. A day earlier, the panel told the judge that deliberation had become "kinda stressful." The jurors recessed 15 minutes early.

Stevens' lawyers are planning to argue a motion on Feb. 25 for a new trial. A sentencing date has not been set.