The penalty phase of the Petit murder trial could well end up in a mistrial in New Haven, Connecticut. The defendant Steven Hayes has a right to 12 jurors. He could wave that but it would be in his self interest not to. And the jury pool has been getting slim. The latest in the mess is that last week one member got booted for making a derogatory comment. Now this: the last alternate got caught passing a love note to a marshall in the court room, asking for them to meet in a dining area in Hamden, CT. The judge allowed her to stay.
But given the track record of drop outs and boots on the jury, anything could happen before the case is turned over to them late this week. Hayes could just get his mistrial. That would buy him time as the state's memory of the Petit murders become less vivid.
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