NEW YORK (CNN/Money) - The jury remained deadlocked at the end of Monday's deliberations, after a state court judge denied a new motion for a mistrial in the case against Tyco International's former CEO Dennis Kozlowski.

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Kozlowski's lawyers had argued that a weekend controversy over a member of the jury who was spotted flashing what appeared to be an "OK" sign in court would be "lethal" to future deliberations.

But Judge Michael Obus said a mistrial declaration would be "inappropriate" and that the jury -- which announced it was deadlocked last week -- should keep trying.

After deliberations resumed, the jury sent three more notes to Judge Obus Monday afternoon seeking clarification of a legal issue and asking to review some of the evidence presented at the trial, which has run for nearly six months.

A courtroom artist's sketch of the jurors at work during the trial.

Just before the jury went home for the day, it asked to hear again Swartz' testimony about his New York apartment. The judge said it would be read back when court resumes Tuesday, and asked the media to stay away from the jurors.

The three-woman, nine-man jury hearing the case stunned the court last week when it sent a series of notes to Obus saying a single juror "stopped deliberating in good faith" and describing the atmosphere in the deliberation room as "poisonous."

The situation got stranger Friday, when spectators reported seeing juror No. 4 flash what appeared to be an "OK" signal in the direction of the defense table on her way into the courtroom. Defense attorneys say they did not see the gesture.

Kozlowski lawyer Stephen Kaufman argued that news reports over the weekend, some of which gave the juror's name, have exerted undue pressure on the holdout juror.

Judge Michael Obus denied a motion for a mistrial in the Tyco corruption case. CNNfn's Mary Snow reports. Play video (Real or Windows Media)

But Obus said he spoke with the juror Monday and she assured him that she could continue deliberations in good faith. Obus said she was "an independent woman," and sent jurors back for their eighth day of deliberations.

"We cannot let what is published in newspapers determine what happens here," Obus said before the jury returned to the courtroom.

Kozlowski and ex-Tyco CFO Mark Swartz are accused of bilking the conglomerate of $600 million -- $170 million from unauthorized bonuses and personal loans and another $430 million through dishonest stock sales.

Both defendants pleaded not guilty to charges of securities fraud, conspiracy, grand larceny and falsifying business records.

If the jury now returns with a guilty verdict, the controversy over juror No. 4 will be grounds for an appeal, CNN legal analyst Jeffrey Toobin said.

"Certainly this whole bizarre scenario will be grounds for an appeal. Whether it's successful is another story," he said on CNNfn.

"The fact that she was named in public, the defense will argue was so intimidating that the verdict can't be trusted. The fact that the judge is discussing the case with her individually is another ground for appeal."

But Toobin said a continuation of the deliberations could be a bad sign for the defendants.

"It's worth remembering that most appeals fail," he said. "If this jury comes back after hearing all this evidence, it's more than likely it will stand, I think."

But white collar criminal defense attorney Henry Mazurek said the media's identification of the juror gives the defense strong grounds for an appeal should the juror change her mind and vote to convict.

"Whenever you appeal, it's a little bit of an uphill battle. But it's a real issue an appellate court will take some time to decide and an issue the district attorney would rather not have," said Mazurek.

But Orin Snyder, a former federal prosecutor now with Manatt Phelps & Phillips, agreed with Toobin that the publication of the juror's name gave the defense grounds for an appeal -- but probably not enough to overturn a guilty verdict if one is returned.

"Appellate courts go out of their way to respect jury verdicts," said Snyder, who has represented CNN in the past. "You need real evidence of tampering or pernicious infiltration of the jury room. If you say a newspaper or media report has unduly influenced a jury, it's a very slippery slope."

But Snyder said he believes the holdout juror is unlikely to change her mind and believes that a mistrial will eventually have to be granted by the judge. He also said there is no chance that New York District Attorney Robert Morgenthau will drop the case.

Related documents N.Y. State v Kozlowski and Swartz Exec contracts Dennis Kozlowski Mark Swartz

"This is the biggest corporate misconduct case Robert Morgenthau has ever had. Even if there is a mistrial in the next trial, there would be a third trial. They're going to try this case to a verdict," Snyder said.

The prosecutors would have an advantage in a retrial, Snyder said, because the first trial gives them a chance to learn from any mistakes and refine their case.

"It's very premature for either of these defendants to feel any relief in a mistrial. This will be an opportunity for prosecution to streamline its case," he said.

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"Having said that, they apparently did an effective enough job to persuade 11 of the 12 jurors that at least some of the changes are valid."

Snyder said the prosecution's apparent success convincing almost all the jury would put pressure on the defendants to seek a plea bargain if there is a mistrial. But given the penalties the government is seeking, it may be difficult to get either of them to plead guilty, he added.

"I think it (a plea agreement) is possible but not likely," he said. "I don't know what's being offered. It's probably substantial jail time, and jail time in a state prison, which is very difficult to swallow."

The prosecution entered 700 exhibits into evidence and called 48 witnesses, including several former Tyco directors who denied approving millions of dollars worth of personal loans and bonuses for the former executives.

Kozlowski didn't take the stand during the trial and Swartz was the only defense witness.