By Samuel Maull
The Associated Press
NEW YORK - With the jury minutes from a verdict after a trial that lasted nearly six months, a judge declared a mistrial Friday in the corruption case of two former Tyco International executives, saying outside pressure on one juror had left him no choice.
A gasp echoed in the courtroom when state Supreme Court Justice Michael Obus made his announcement following a trial that by some accounts cost more than $12 million. The jury had deliberated for 11 days.
"It is certainly a shame that this has to be done," Obus said after granting the defense motion for a mistrial.
Prosecutors said they would seek a retrial of former Tyco chief executive L. Dennis Kozlowski, 57, and former chief financial officer Mark H. Swartz, 43. They were accused of looting $600 million from the company, which mainly makes industrial products.
Obus directed lawyers for both sides to return to court on May 7 to set a tentative date for a second trial and to discuss how to proceed.
When the deliberations were last in session late Thursday, "We literally were within minutes" of reaching a split verdict, juror Peter McEntegart told CNN, explaining that the panel would have convicted on some counts and acquitted on others. He said the jury was not permitted to deliberate on Friday.
A courthouse source said Juror No. 4 had received a threatening or coercive letter since last weekend.
Two police sources said the juror received a letter, which was not considered threatening, and a phone call that was possibly of more concern. Juror No. 4 - an apparent holdout for acquittal - became the subject of intense media scrutiny last week after some news organizations reported she'd made an "OK" gesture toward the defense. "There has been no finding that this juror has done anything wrong," Obus said in court on Friday.
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