Nobody seems to want a mistrial in O.J. Simpson's road rage trial, but the proceeding could be derailed anyway after jurors were discovered to be discussing the case among themselves.

"To throw all this work down the toilet would be a real shame," said defense attorney Yale Galanter, who maintains that, though neither side wants a mistrial, it may be the only proper remedy for this type of juror misconduct.

At the end of the day Thursday, while lawyers and Judge Dennis Murphy were discussing legal issues at sidebar, they overheard the jury talking. "While we've been having our sidebar over here, we've noticed that you've been having your own sidebar," the judge remarked to the jury.

Simpson in court

When Murphy quizzed the jurors individually about their conversations, several jurors said they had been talking about aspects of the case, a direct violation of earlier orders not to discuss the matter until deliberations.

"We didn't come to a verdict or anything like that. We were refreshing our memories of what was said," juror Ernesto Diaz told the judge.

Such behavior is strictly prohibited by Florida law. The applicable statute states, "It is [the jury's] duty not to converse among themselves or with anyone else on a subject connected with the trial or to form or express an opinion on a subject connected with the trial."

Simpson is charged with auto burglary and battery in connection with a road rage confrontation on Dec. 4, 2000, with 55-year-old neighbor Jeffrey Pattinson. He faces up to 16 years if convicted of both charges.

The former football player allegedly blew through a red light, stopped in rage after Pattinson honked at him, then berated the man, reached into his car and snatched his glasses off his face. Simpson claims that Pattinson was the aggressor and, according to his lawyer, was looking forward to arguing his innocence.

"Mr. Simpson does not want a mistrial. He's extremely adamant about it," Galanter told Court TV. "He just wants to get this over with."

Galanter did not move for a mistrial on Thursday, instead reserving his right to do so next Monday after examining the complex issue over the weekend. Reached by phone Friday afternoon, he explained the conundrum.

"We know there's been an error. Can you take this type of error and pretend that it never occurred?" he asks. "I'm not sure we can do it. Our reading of the law is that it's not discretionary."

The lawyer left open the possibility that he might move for a mistrial against Simpson's wishes.

"I would do anything that I think I was ethically responsible to do. I'm a purist. I love what I do and I respect the law," he said.

Even if Galanter moves for a mistrial, Murphy would have the final word. This may be one of the more perplexing situations to arise during his career on the bench, as the judge only donned the black robes last January.

The trial is being broadcast on Court TV.