People v. Kozlowski

A juror who appeared to give an approving hand signal to the defense in the Tyco International trial in 2004 quickly became the centerpiece of a debate over whether she should have been identified in the news media. Attorneys with Davis Wright Tremaine represented a media coalition led by The New York Times in securing access to court communications with the holdout juror in this high-profile corruption trial of a Tyco executive. The jury, which had been deliberating since March 18, 2004, were unable to reach a verdict in the trial of L. Dennis Kozlowski, Tyco's former chief executive, and Mark H. Swartz, its former financial chief. Much of the speculation over the jury's difficulties has focused on Juror No.4, a retiree with a law degree who lives on the Upper East Side. The juror's name was disclosed in open court during jury selection. Her position as the presumed lone holdout became clear when she flashed the hand signal for ''O.K.'' to the defense team on March 26, 2004. The disclosure of the juror's name is not prohibited by any law, and the news organizations that named the juror suggested that she parlayed herself into a public figure by virtue of her public acts in open court. The New York Times Company, a leading media company, includes The New York Times, the International Herald Tribune, The Boston Globe, 16 other daily newspapers, WQXR-FM and more than 50 Web sites, including NYTimes.com, Boston.com and About.com. (N.Y. Sup. Ct. 2004)