I just came from a hearing about 30 minutes ago (its 11:54 AM PST) as I am writing this) that almost ended this trial in my favor, if that is defined as not being convicted.

About 10:23 AM the jury sent a note to the judge stating that, "9 jurors have concerns that statements made by juror #11 during deliberations and ongoing behavior are not allowing us to move toward a consensus. We have reached an impasse in moving forward. 11 jurors are asking the judge to advise us on our next steps."

My attorney, me, the prosecutor, and the judge and court personnel assembled in the courtroom at 10:53 AM to handled the matter. The judge then said another question had been received about five minutes before:

"A juror wants to know if a juror may substitute the following language for element #2?

"That the defendant was not given "justification to act" (with the words in quotes circled and the word "authorize" the substitute word pointing to that circle) to "retrieve data from" with the words in quotes circled and the word "access" the substitute word pointing to that circle) the computer system or electronic database."

The judge then said she thought that the court could give the jury no further instructions when the jury indicated it was at an impasse.

At about 11 AM the judge, my attorney, and the prosecutor came to an agreement on how to procede. A response was sent to the jury approved by all parties that told them the answer to the second question was (paraphrasing) that "you have been given the law of the case. If this answer gives you the answer to the first question you submitted, then continue deliberating. Otherwise notify the bailiff if you are still at an impasse."

The judge and prosecutor then retired to their offices. Me and my attorney stayed in court as she thought the answer from the jury would be known in a few minutes. She was right. about five minutes later the jury told the Bailiff they were still at an impasse as noted in their first question. When the prosecutor got back into the courtroom about 11:19 AM, all parties thought there was a mistrial and that only the formalities of dismissing the jury remained. The judge had instructed both sides how she was going to handle dismissing the jury by thanking them personally in the jury room without either the prosecutor or my attorney present, and where they should stand in case a juror or jurors wanted to talk with them after she dismissed them.

But first the jury was brought out to put their impasse on the record before they could be excused to go home. When they were seated, the judge asked the presiding juror if the jury was at an impasse. He stood and said that he thought they were, and that any further deliberations he thought would be fruitless. Then the judge asked the jury as a whole if they agreed with the presiding juror that they were at impasse and that further deliberations would be fruitless. Two jurors then raised their hands! Each in turn stood up and told the judge that they thought that further deliberations could cause them to reach consensus. One of the two was juror #11, the juror that 9 other jurors had asked for guidance in dealing with from the judge because of statements he made and "ongoing behavior" did not allow them to go forward.

The judge then released them to the jury room to continue deliberations! The judge (I believe), my attorney, and the prosecutor were surprised at the turn of events.

Both my attorney and the prosecutor talked with each other and agreed they had never seen such a thing before (a juror or jurors disagreeing that the jury was at impasse in such a situation)!

The deliberations of day 4 continue. The fact that it is Friday may be weighing on some juror's minds.