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LAS VEGAS (Court TV) Judge Joseph Bonaventure has denied a defense motion for mistrial based on jury misconduct, sources tell Court TV. This is the third defense motion for a mistrial that the judge has consideredand then deniedduring the course of the now nine-week-long Margaret Rudin murder trial.
Sources familiar with the case told Court TV that over the weekend, one of the jurors called an alternate juror and had a conversation. Subsequently, the alternate phoned the bailiff, who in turn notified the judge. Bonaventure then called the alternate and had a long discussion.
The subject matter of that discussion is unknown but the incident and defense's motion for a mistrial will be the subject of an open court hearing at 3 p.m. PT/6 p.m. PT. Courttv.com will Webcast the hearing live.
All the action so far on Monday has taken place behind closed doors, first in Bonaventure's chambers, and then in the courtroom.
Shortly after the seven women and five men on the jury arrived at the courthouse Monday
morning to begin their third day, lawyers were summoned to Judge Joseph
Bonaventure's chambers.
The attorneys remained behind closed doors for two hours, and when they
emerged, said they had been barred from speaking about the private
discussions.
Sources tell Court TV that the judge denied the motion for a mistrial in chambers, and then the defense asked for another hearing to press their case. The courtroom doors were locked for about an hour for that hearing. Only prosecutors, Rudin and her lawyers were allowed in the courtroom. That hearing ended at 3:30 p.m. ET/12:30 p.m. PT.
The presence of two alternate jurors at the court was further indication of
possible problems with the panel. The five alternates sent home Wednesday
night following closing arguments with the understanding that they could be
called back to duty if a deliberating juror was released. A pair of
alternates were seen talking with the judge's secretary Monday morning.
Some courtroom observers had anticipated a verdict Monday after the jury
foreman, who favored Hawaiian shirts and baseball jerseys during the trial,
arrived for court in a shirt and tie.
Court officials declined to comment or even say whether the jury was still deliberating.
Rudin, 57, continues to wait out the verdict in jail. She is facing life in
prison if convicted of murdering her millionaire fifth husband in 1994. The
television show America's Most Wanted dubbed her the "Black Widow" during
her two years on the run from the Nevada charges.
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