Juror claims attempted food tampering by another panel member in code-theft case

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Updated: A juror in the trial of a former Goldman Sachs computer programmer claimed on Tuesday that another juror tried to tamper with her food in the jury room.

A lawyer for the defendant, Sergey Aleynikov, asked Judge Daniel Conviser of Manhattan to declare a mistrial during a closed-door meeting on Tuesday to discuss the allegations, according to the New York Times DealBook blog. Aleynikov is accused of stealing source code from Goldman Sachs in 2009.

On Wednesday, Conviser said, “there is no basis in reality” for the juror to believe another juror was trying to poison her, report Bloomberg and Reuters. The juror who made the accusation admitted her thoughts were not coherent, and she was not feeling well, Conviser said.

Conviser said he called the juror when she didn’t show up for court on Tuesday. The juror said she was at the doctor’s office and almost hung up on the judge, according to a transcript of Tuesday’s closed-door session. Meanwhile, the accused juror called his boss to ask for a lawyer, a request that was denied.

Both jurors were dismissed Wednesday afternoon, and 10 remaining jurors resumed deliberations after lawyers for both sides consented, according to Reuters and the New York Times. Aleynikov is being prosecuted in state court after his federal conviction was overturned.

Related article:

ABAJournal.com: “Still battling code-theft case, former Goldman Sachs programmer sues bank for legal fees”

Updated on April 30 to include news that the jurors were dismissed and deliberations resumed.

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