No Easy Answers

Wednesday, February 21, 2007

Libby Jury Notes Collected

This page is a collection of renditions to text, of handwritten notes. Of course, the handwriting itself, and most of the foibles associated with handwriting, don't reproduce in typed text.

The handwriting is neat and legible, it is the same on Docs 301, 302, 304, 305, 306, 308, 314, and 316. My sense is the handwriting is the handwriting of a female. [After the verdict, varions news reports indicate that the foreperson was indeed female]

Source Documents:

Doc 301 =
Doc 302 =
Doc 304 =
Doc 305 =
Doc 308 =
Doc 311 =

Case 1:05-cr-00394-RBW     Document 301     Filed 02/21/2007

We would like the following Supplies: Large flip chart Masking tape Post-it-Notes

Case 1:05-cr-00394-RBW     Document 302     Filed 02/22/2007

May we please get any one of the documents Where there pictures of the witnesses. There are

Case 1:05-cr-00394-RBW     Document 304     Filed 02/27/2007

We would like clarification on the charge as stated under Count 3, specifically: Page 74 of the jury instructions, "Count three of the indictment alleges that Mr. Libby falsely told the FBI on October 14 or November 26, 2003, that during a conversation with M. Cooper of Time Magazine on July 12, 2003, Mr. Libby told Mr. Cooper that reporters were telling the administration that Mr. Wilson's wife worked for the CIA but that Mr. Libby did not know of this was about true." (i.e., that the statement was made or the content of | is the charge the statement itself) 2/27/07 I am not exactly certain what you are 4:30 pm asking me. Can you please clarify your question? Judge Walton

Case 1:05-cr-00394-RBW     Document 305     Filed 02/28/2007

After further discussion, we are clear on what we need to do. No further clarification needed. Thank you. We apologize. 2/28/07 10:45 am

Case 1:05-cr-00394-RBW     Document 306     Filed 02/28/2007

We would like another big Post-it pad. The large one for the easel. 2/28/07 3:45

One handwritten note from the jury was entered on the docket before 5:20 p.m. on Thursday, March 1, 2007.

Case 1:05-cr-00394-RBW     Document 308     Filed 03/01/2007

We the jury respectfully request to be excused at 2pm on Friday, March 2 to attend to personal, professional and medical obligations that can't be addressed during our weekends Thank you. You may be excused at 2:00 pm tomorrow Judge Walton 3/1/07 2:40 pm

Two handwritten notes from the jury were entered on the docket before 3:23 p.m. on Friday, March 2, 2007. In the second page of notes, arrows are drawn from the word "specifically" to substitute for the phrase "for example," and from the word "not" to the "*" placekeeper. The misspellings of "transcripts" and "beyond" are in the original.

Case 1:05-cr-00394-RBW     Document 311     Filed 03/02/2007     Page 1 of 2

As Count 1 statement 3 (pages 63 & 64) do not contain quotes, are we supposed to evaluate the entire Libby transcrpts (testimony) or would the court direct us to specific pages/lines Thank You 3/2/07 2pm

Case 1:05-cr-00394-RBW     Document 311     Filed 03/02/2007     Page 2 of 2

Specifically We would like clarification of the term "reasonable doubt". For example, is it necessary for the government to present evidence that it is not humanly possible for someone to * recall an event in order to find guilt beyound a reasonable doubt. * not 3/2/07 10:30 am 2pm

This was the last substantive note

Viewed as a collection, it appears that Count 3 was the primary source of confusion. The jury rendered a "not-guilty" verdict on Count 3, with their understanding of the count being Cooper's word vs. Libby's (no reference to Libby's words directing away from having non-reporter sources) and their conclusion being that Cooper did not take Libby's comments as confirmation - Cooper's notes did not reflect the notion "confirmed by Libby" nor did Cooper pursue the story, now having two confirmed sources.

Case 1:05-cr-00394-RBW     Document 314     Filed 03/05/2007     Page 1 of 1

All three questions below relate to count 3 (pages 74 & 75) #1 - Is the prosecution alleging that Mr. Libby did not make the statement to Cooper as presented to us in the Indictment OR is the allegation that Libby did know Mrs. Wilson worked for the CIA when he spoke to the FBI on 10/14/03 or 11/26/03? #2 - Is the prosecution's allegation in Count 3 that Mr. Libby DID know that Mr. Wilson's wife worked for the CIA when he made statements to the FBI on 10/14/03 OR 11/26/03? (Pages 74/75 .... "that Mr. Libby did not know if this was true." #3 - In determining Count 3, are we allowed to consider Mr. Libby's grand jury testimony? 3/05/07 3/30/07 3:30pm

This was the last note before rendering the verdict just after 12 noon on Friday, March 6th.

Case 1:05-cr-00394-RBW     Document 316     Filed 03/06/2007     Page 1 of 1

The jury has reached a verdict in each of The five counts. Thank you. 03/06/07 11:15am

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