Jury issues continue to beset Stevens trial

WASHINGTON (CNN) -- The judge in the federal corruption trial of U.S. Sen. Ted Stevens will hold a hearing Friday morning to determine what to do about a juror who went missing Thursday night.

Juror No. 4 told a U.S. Marshal that she had to leave the state for a family emergency after the jury was dismissed Thursday.

The officer informed the judge, but when court officials tried to contact the juror, they could not reach her.

It was the second jury issue in Stevens' trial since the deliberations began Wednesday. Stevens, 84, is charged with seven felony counts of making false statements on annual Senate financial disclosure forms regarding renovations on his family's chalet in Girdwood, Alaska.

Earlier in the day, U.S. District Judge Emmet Sullivan declined to dismiss juror No. 9, who was accused of "violent outbursts" and other misconduct by the rest of the panel.

In response to the disappearance of juror No. 4, Sullivan held a hearing Thursday night to discuss options in case the missing juror cannot continue her service.

If she is not able to come to court Friday but is available Monday, Sullivan could give the jury the day off and continue the trial Monday. The judge also could enpanel an alternate juror, or proceed with 11 members instead of 12.

Sullivan told lawyers to present him with briefs by 7 a.m. about questions to ask an alternate juror and the propriety of proceeding with 11 jurors.

He set a 9 a.m. hearing on the matter.

Thursday marked the second day of deliberations without a verdict in Stevens' trial.

The charges are related to more than $250,000 in renovations to his family's home. The alleged offenses occurred roughly between 2000 and 2007.

As prosecutor Brenda Morris left the courthouse Thursday, she smiled at a reporter's question, "Is it a good sign they're unanimous about something?" but gave no further comment.

The turn of events concerning the missing juror came shortly after Sullivan told attorneys that he felt reassured by the demeanor of the eight women and four men.

"It's significant that no one appeared to be agitated. And that included my observation of juror number nine, as well," Sullivan said.

Earlier in the day, the jury had sent a note to Sullivan asking to dismiss juror No. 9, who works for the property office of the District of Columbia National Guard, according to her testimony during the jury selection process a month ago.

"She is being rude, disrespectful and unreasonable. She has had violent outbursts with other jurors, and jurors are getting off course. She is not following the laws and rules as stipulated in the instructions," the jury said in a note to the judge.

After what he called a jury "pep talk," Sullivan told jurors to resume their deliberations.

"I have an obligation to ensure that there are no violent outbursts in the jury room," Sullivan told the panelists.

Jurors gave Sullivan two other notes about noon in addition to the one on juror nine. One related to a missing page in the indictment, and a second asked about the liability disclosure section of Senate financial forms.

In the annual Senate financial forms, senators are not only required to list gifts above a certain value, they also are to reveal any liabilities greater than $10,000 for themselves, their spouses and their dependent children. The judge said he would explain the requirement to jurors when they returned from lunch.

The trial took about four weeks, expedited at Stevens' request in the hope he can be exonerated in time for voters to decide whether to elect him to a seventh term.

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