CNBC SHOW: Business Center June 13, 2002 Thursday

SCOTT COHN reporting:

Let's bring in our guest tonight, James Doyle, who is an expert on
juries and a Houston trial attorney who's watching this with great
interest, no doubt. First of all, what seemed to get the jury going here
and finally asking all these questions was what is known as the Allen
Charge, as read to them last night, also called the dynamite charge
because it's supposed to shake people loose, tell them to get back to
work; 'We need to get you to reach a verdict.' Tell me how these
typically work. Do they typically unhang a jury and get them to reach a
verdict?

Mr. JAMES DOYLE (Doyle, Restrepo, Harvin & Robbins, LLP): Well, it's not
something that you can generalize and say that in every case it occurs,
but this is a good example where you have a very diligent jury, a jury
that's been working hard for a week, has been organized, and if you
looked at the dynamite charge, one element of it is the judge telling
them that there's a lot riding on this; there's a huge investment of
time and money and people's efforts. And so, in this instance, they have
taken it seriously, gone back and begun to ask for more material so that
they could see if they can come to a conclusion.

COHN: So just by evidence of the fact that we're getting all these
questions, it suggests that this -- something's working here.

Mr. DOYLE: It is working, and to some extent here, whether it will be
enough to cause the jurors that are on the lower end of the totem pole,
the ones that are the lesser number to be able to come over to the
larger number and to get a unanimous verdict.

COHN: Now let's talk about this question that the judge is wrestling
with, the--the main question today: 'Do we have to decide--all decide
it's the same person?' And--and not have you answer that question, but
the judge has to decide what to say to the jury. It's a difficult
decision for her deciding how to rule on this, isn't it?

Mr. DOYLE: Absolutely, and as you can tell, they're mincing every word
of the judge and concerned with each detail. So she doesn't want to say
something that will give one side or the other an advantage that they
are not entitled to.

COHN: It'll be very interesting to see what she says, if anything. And
this jury again, Ron and Sue, continuing to listen to testimony read
back. They're taking notes; take that for what it's worth. And we will
keep waiting for a verdict. Back to you.

RON INSANA (Co-anchor): All right. Thank you, Scott.