Oregon Standoff Trial: Jurors Indicate Possible Dissension

The jury deliberating the guilt or innocence of seven people charged in connection with the 41-day armed occupation of the Malheur National Wildlife Refuge sent two notes to the judge Tuesday: one questioning the impartiality of one juror and the other asking about the possibility of a split verdict.

"Can a juror, a former employee of the Bureau of Land Management, who opens their remarks in deliberations by stating 'I am very biased …' be considered an impartial judge in this case?" the second note from the jury read.

The judge asked the jurors for clarification. Defense lawyers have asked for the juror to be dismissed while prosecutors have said the jury should keep deliberating.

Judge Anna Brown agreed that the juror - Number 11 - should be questioned. While some defense lawyers argued that it should be done in public, Judge Brown did not think that was necessary.

The juror had admitted during jury selection to having worked for the Bureau of Land Management but said that would not be an issue.

The judge wanted to ask if anything had changed during the trial to make bias an issue.

Brown expressed the concern that if the juror is replaced with an alternate, will the jury have to start deliberating all over again as well the possibility that every juror would have to be questioned to see if they had beens swayed by Juror 11.

The other note indicated the jury may be getting close to a decision, asking for clarification on some issues.

“If we are able to agree on a verdict for 3 of the defendants; but are at a stand off for the others, does our decision for the three stand? Or does this become a mistrial for all the defendants?" the note said.

"Conversely if we are able to agree on a decision for 10 out of the 13 charges does that decision stand or does it become a mistrial? As an example … If we find a defendant guilty of count one, but can’t agree on count two what happens?"

The jury started deliberating last Thursday.

Photo Multnomah County Sheriff's Office