Tyco jury to return on Monday

The judge in the corruption case against two former Tyco International executives yesterday sent the splintered jury home for the day and told them to return on Monday, in the latest unexpected twist in the case.

Earlier in the day, the case appeared to be heading toward a mis-trial after the jury had sent New York State Supreme Court Judge Michael Obus the latest in a series of notes saying it did not believe it could keep deliberating in good faith.

Former Tyco chairman Mr Dennis Kozlowski and ex-finance chief Mr Mark Swartz went on trial in late September on charges that they had looted the conglomerate of $600 million (€495 million).

Before a lunch break in the proceedings, the judge said that he was not optimistic that the trial would go past Friday and said the situation among jurors had clearly worsened.

"This is not a hung jury note... it's something worse. Something else is going on here," he said.

Nevertheless, when the jury returned from lunch, it asked to be allowed to go home for the day and reconvene on Monday.

"Your wish is my command," Mr Obus told the jury.

Juror number four, a retired lawyer and teacher, appeared to be the centre of controversy on the panel after making what looked like an "okay" sign with her right hand as she entered the courtroom earlier yesterday.

The juror's apparent gesture came as the panel of three women and nine men reassembled for a seventh day of deliberations in one of the largest corporate corruption cases in US history. Prosecutors complained to the judge about the gesture, which was clear to most of the courtroom, but not Mr Obus.

The judge later instructed the jury not to make any "verbal" or "non-verbal" communications during the lunch break. He asked the jurors to let the court know whether they could resolve the infighting after the break.

The rancour that erupted late on Thursday in the deliberation room continued yesterday even after Mr Obus started the day by urging civility and respect. Jury notes on Thursday described the atmosphere as poisonous.

The judge instructed the jurors to set aside hard feelings and work toward a verdict following an almost six-month trial, which is being watched as a pivotal corporate corruption prosecution in the wake of other scandals, such Enron and WorldCom.

"If you feel you have done something that you must apologize for, then apologise. If an apology is offered, accept it," the judge told the jury.

The jury on Thursday sent in rapid succession three notes that suggested the panel might be leaning toward a guilty verdict. But at least one juror appeared to be questioning the fairness of that outcome.