updated 3/26/2004 4:36:46 PM ET 2004-03-26T21:36:46

Text of Tyco jury notes sent to Manhattan Supreme Court Judge Michael Obus:

4 p.m. ET
“We the jury request your advice and counsel. The atmosphere in the jury room has turned poisonous. The jury contends that one jury member has stopped deliberating in good faith. Said juror believes they are being persecuted. Many incendiary accusations have been exchanged. And we believe they have compromised the fairness of the process.  The majority of us believe that we can reach a fair conclusion without the presence of this juror. Please note that we do not at all have the same views of guilt or innocence, but we all believe we could conclude deliberations in good faith.”

4:30 p.m. ET
“We the jury request your advice. There is reason to believe that one or more jurors do not have an open mind as to the possibility of the defendant’s innocence and they refuse to recognize the right of at least one juror to have a good faith believe that the prosecution had not proved its case that the defendants are guilty. That this agreement has become so intense that it has resulted in a very bad acrimony which is expressed in two extreme accusations, that are unfounded. Perhaps the jury cannot continue. What shall we do?”

Judge Obus advised the jury to go home and cool off. He said he was concerned about the suggestion of fairness being compromised. He told the jury members when they reassembled for a seventh day of deliberations to treat one another with "dignity and respect" and to keep an "open mind." The defense is moving for a mistrial.

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