KTKA

After a brief hearing to consider possible juror misconduct and possibly a mistrial, Douglas County Chief District Judge Robert Fairchild sent jurors back to the jury room to resume deliberations in the Matthew Jaeger trial.

Attorneys from each side argued over whether a new trial should be granted for Jaeger, 24, who is accused of beating and dragging his ex-girlfriend from her northern Lawrence apartment the night of Oct. 9, 2007.

In the end, however, a male juror was dismissed from the case and the first alternate, a woman, was added to the case

She's heard all of the evidence but had not been involved in deliberations until now. The jury now consists of seven men and five women.

During the short court appearance, attorneys never said specifically why one juror was accused of misconduct in the case, but the arguments included some clues.

"It's not like a simple drive-by or reading in a newspaper; the allegations here involved a re-enactment of a material fact in this case. And it is very disturbing to think the interests of justice have been put at such jeopardy as a result of this man's action," defense attorney Pedro Irigonegaray said.

Irigonegaray said the actions had "been ongoing, since early on in the deliberations of this case. It is difficult for me to not conclude that there has been an impact."

But assistant Kansas attorney general Jason Hart said the remainder of the jury acted in a way that indicated they knew what he did was wrong, "particularly the way the foreperson says the jury has responded to the limited statement provided by that juror."

Hart said the conduct would not have prejudiced the jury against Jaeger and that one of the alternate jurors should replace the juror instead of a mistrial being declared.

Jurors are given instructions not to do independent investigations, review media reports or visit the crime scene during the trial.

Judge Robert Fairchild dismissed spectators from the court room at 10:10 a.m. to question the 11 jurors not accused of misconduct.