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Notes could explain juror's dismissal in congressman's case

PHILADELPHIA (AP) — A federal judge agreed Friday to unseal transcripts that could explain why a juror was dismissed before a jury convicted a Pennsylvania congressman of racketeering. The unidentified juror has told a legal blogger that he was the lone not-guilty vote in former U.S. Rep. Chaka Fattah's case. The Philadelphia Democrat was sentenced this week to 10 years in prison in a five-person corruption case. U.S. District Judge Harvey Bartle III said he will unseal transcripts surrounding the dismissal of the juror, a Lancaster County salesman. Bartle did not say when the documents would be available. Philadelphia Media Network, the parent company of The Philadelphia Inquirer, Philadelphia Daily News and Philly.com, filed the request. Fattah, 60, was convicted in June of using more than $600,000 in government grants and nonprofit funds on personal and campaign expenses. After the juror's dismissal, Bartle reminded the panelists to remain open to discussing the evidence without feeling pressured to change their opinions. Days later, the jury convicted Fattah on all 22 counts and all four co-defendants on at least some counts. The juror told the freelance legal reporter that he was the lone holdout on more than eight votes on the charges before he refused to take part in a subsequent vote, saying he was not going to change his mind. Other jurors accused him of not deliberating, he said. A U.S. appeals court in 2007 outlined the standard for juror dismissals in another Philadelphia political corruption case. The U.S. 3rd Circuit Court found that a judge had acted reasonably in dismissing a juror in former city treasurer Corey Kemp's trial after other jurors said she was biased against the prosecution and not participating in good faith. Shown some of their evidence, she said "the government lies" and "show it to someone who cares," they told the judge. "The judge has to make a good faith determination as to when it morphs from being a person with a point of view to being an obstructionist," said criminal defense lawyer William J. Brennan, who is not involved in the case. "That's a valid grounds for dismissal." Judges can legitimately dismiss jurors who are not deliberating in good faith, who show bias for one side or who engage in jury nullification, ignoring the judge's instruction or the law in favor of their own view of the case. Fattah could raise the dismissed-juror issue in his planned appeal. His lawyers attended Friday's hearing and did not object to the motion to unseal the transcripts. Prosecutors asked only that the judge keep the juror names private, a request the media company challenged, citing prior court rulings. Fattah served 11 terms in Congress and served on the powerful House Appropriations Committee. His finances unraveled amid a failed 2007 bid for Philadelphia mayor. The jury found he took an illegal $1 million loan from a friend and used federal grants and charity money to pay some of it back. He is due to report to prison next month. His son is serving a five-year term in a related bank fraud case.