Back...

Okay... Libby's back... The joking ends and the focus is on the screens.

All Rise:

Do we need to do this at the bench?

...noise...

Update: 10:52 Noise stops...

Walton: Umm... One juror has now been dismissed based on the acknowledgement that She did have contact with information about the case... It was not intentional, a misunderstanding...

What she had exposure to obviously disqualifies her

It is the position of the defense that jury deliberation should continue with a jury of eleven. Our understanding is that if we add an alternate, they must start afresh, which is something that we believe in our opinion would be prejudicial to Libby.

If we have a situation where another juror is lost, which would get us down to ten, we should put the alternates in.

To throw away two and a half days of deliberation would be inapproriate and unfair....

Fitzpatrick... We want 12 lawyers... We should restart deliberations now, instead of later...

Also protects against issue if someone gets sick, etc...

Walton. I don't have any information to suggest that the jury is anything other than conscientious...

They have been deliberating for two and a half days, and in good faith... I don't think it is appropriate to throw away those two days... If something does happen to another juror, we can call the alternates...

Fitzpatrick looks nervous... Handles moving rapidly... His assitant looks unhappy, head down, shaking her head. Wells loooks a bit downtrodden

Walton: Instruct the jury to continue... Will emphasize again the importance of not having any outside contact...

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