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Tyco jurors speak out
Two jurors say they were ready to convict Dennis Kozlowski, Mark Swartz on some of the charges.
April 5, 2004: 3:41 PM EDT

NEW YORK (CNN/Money) - Two jurors in the Tyco trial said Monday they would have voted to convict former CEO Dennis Kozlowski and ex-CFO Mark Swartz on some of the charges levied in a 32-count indictment during an appearance on CNNfn's The Flipside.

Juror Peter McEntegart said the jury felt it was "very, very close" to making a decision before the judge granted a mistrial. William Johnson, another Tyco trial juror, said he was disappointed that the trial ended before the jury had a chance to hand over its verdict, but added that he would like to see another trial.

"There definitely needs to be a second trial so these guys can be held accountable," he stated.

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Neither juror, however, was surprised that the case against the two men ended in a mistrial.

"We didn't know which way to go forward because we thought someone wasn't deliberating in good faith, and that is what the whole process is about," Johnson said. "So if we lost good faith deliberations we thought that somebody might ask for a mistrial."

New York State Supreme Court Justice Michael Obus granted Friday a defense motion for a mistrial, citing outside pressure on one of the jurors. He had rejected numerous earlier requests for a mistrial shortly after the deliberations began.

Kozlowski and Swartz had been accused of bilking Tyco (TYC: up $0.33 to $29.55, Research, Estimates) of $600 million in one of the most closely watched of the recent corporate fraud cases.

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

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.

New York District Attorney Robert Morgenthau's office issued a statement saying the state would seek a retrial.  Top of page




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Most stock quote data provided by BATS. Market indices are shown in real time, except for the DJIA, which is delayed by two minutes. All times are ET. Disclaimer. Morningstar: © 2018 Morningstar, Inc. All Rights Reserved. Factset: FactSet Research Systems Inc. 2018. All rights reserved. Chicago Mercantile Association: Certain market data is the property of Chicago Mercantile Exchange Inc. and its licensors. All rights reserved. Dow Jones: The Dow Jones branded indices are proprietary to and are calculated, distributed and marketed by DJI Opco, a subsidiary of S&P Dow Jones Indices LLC and have been licensed for use to S&P Opco, LLC and CNN. Standard & Poor's and S&P are registered trademarks of Standard & Poor's Financial Services LLC and Dow Jones is a registered trademark of Dow Jones Trademark Holdings LLC. All content of the Dow Jones branded indices © S&P Dow Jones Indices LLC 2018 and/or its affiliates.