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On this our legal panel -- -- least we'll as a Fox News legal analyst Doug burns a criminal defense attorney both.
Our former federal prosecutors so it it's kind of a strange situation because we don't know exactly.
What for this juror number five is alleged to have said according to the defense team.
Juror number five given the evidence that came forward last week it is beyond legitimate dispute the juror five is not fair and impartial.
Making her unfit to continue as a juror -- so -- if they really believe that why not just kick her off the panel.
Very well -- the point as I was just gonna say.
You have to separated out one is if a particular jurors unfit well I have alternates -- excuse that person.
And replace them however the defense argument I'll just flat out would -- and I think it's an uphill battle but I'll lay it out is that your honor.
Not only did she make negative comments about the defense but in our view we submit that this has infected the entire panel -- me very.
Our -- of real very hard argument I Andrea and also you know when jurors are taken off and alternates are brought in in their right to know ultimately brought -- -- the hearing all of the evidence and it.
The deliberation hasn't started yet to really wouldn't be that big -- deal for the prosecution but it's usually because they've gone out done some research on their own.
Or they've been watching television program yes you know things like that -- and talking with their family about the case -- -- Scott Peterson's case juror number five that was not soldier number five was kicked out because.
He's talking to the defendants -- -- the victim's family we'll also pretty obvious that this.
It I it's going to be very tough for but John's point.
Back that was just get rid of that particular juror actually -- -- good -- convince the judge.
To declare mistrial the other point worth making his.
The fact that the -- -- fourteen weeks is not really a reason but it's lurking in the -- 800 -- it well one of the things that what happens -- -- in these long trials people sort of get to know one another they all feel like family people start talking right exactly segment experienced grand jury in a hot that hasn't properly told a top to the printers but you do you get to -- -- -- -- -- with them.
All of that's very difficult not to talk to each other -- they've got eighteen people on this panel as I understand that they are not even going to tell them who the actual twelve.
Who will decide the case until morale and everything and and reason for yeah sure you don't sense about what you don't -- I backed ventures as they are not I don't.
That's right I can check out how much do what they're gonna do because this varies from jurisdiction to jurisdiction is is they're gonna keep the alternates during deliberation.
And then if somebody.
Becomes unfit to deliberate.
They'll replace some but guess what I have to start deliberating all over from scratch -- that's what happened Peterson -- Scott Peterson to start -- -- and because this trial has gone on so long you don't think the -- gonna try it you know it is going to be receptive to the idea of -- this juror I don't think so I certainly anonymous Travis with -- prosecutor did -- -- -- -- does -- -- -- that -- out yet and he.
But not -- anonymous I'm not out of Nasrallah that's -- -- that's not what we have so far.
All right Doug burns -- -- -- thank you both -- left and.
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