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NY juror threatens to cut off another's finger

NEW YORK
Thu Jul 9, 2009 5:14pm EDT

NEW YORK (Reuters) - Jury deliberations can sometimes be contentious, but in a case in New York one juror accused another of threatening to cut off his finger.

U.S.

The allegation was made on Thursday, the sixth day of deliberations in the Manhattan federal court trial of a lawyer accused of involvement in the fraud of collapsed commodities broker Refco Finance Holdings LLC.

"In a loud and belligerent manner" the juror "threatened to 'cut off your (my) finger,'" the juror wrote in a note to the jury foreman that was included in a court transcript.

"She made that statement twice. In the same tirade she stated, 'I will have my husband take care of you,'" said the note given to U.S. District Court Judge Robert Patterson.

The judge denied a mistrial request by defense counsel William Schwartz, who according to the public record, spoke of the "chilling effect of the altercation on the other jurors".

The note said the threat was made on Wednesday. The 12 jurors deliberated on Thursday and were dismissed at the end of the day. They were expected to continue on Friday.

In a separate note, the jury foreman told the judge that he believed the "altercation yesterday could be traced to both parties involved."

Joseph Collins, the former outside lawyer for Refco, has been on trial since May 11 following his indictment on charges of fraudulently trying to obtain hundreds of millions of dollars in revolving lines of credit.

Refco unraveled in 2005 and Collins of Winnetka, Illinois, was its longtime outside counsel. In the $2.4 billion Refco fraud, former Chief Executive Officer Phillip Bennett is serving a 16-year prison sentence. Former President Tone Grant is serving a 10-year prison term.

The case is USA v Collins 07-01170 in U.S. District Court for the Southern District of New York (Manhattan)

(Reporting by Grant McCool; Editing by Richard Chang, Leslie Gevirtz)



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