Tyco Judge Refuses Mistrial

The Tyco trial, despite the seriousness of the charges, was overshadowed by the Martha Stewart obstruction of justice trial, which took place in a federal courtroom a few blocks away. Stewart was convicted in that trial on all counts and is waiting to be sentenced this summer.

The irony is that many legal observers were predicting a mistrial in the Stewart case because they felt a jury would have a tougher time with some of the legal theories informing the case against her.

If there is a mistrial in Kozlowski and Swartz's case, most lawyers said there is little doubt the prosecutors would seek to retry them.

"I think they will try it again, especially if it's just one juror," said Susan Necheles, a white-collar defense lawyer. Necheles said it's rare to have a case end in a mistrial because one juror refuses to convict. She said most holdouts usually succumb to the will of their fellow jurors.

"Normally it's very hard for one juror to hang a jury," Necheles said. "You have to have a person of strong conviction."