Judge in Quattrone trial tells media not to publish juror names

NEW YORK (AP) - Citing the recent Tyco mistrial, a judge upheld his own order barring reporters from publishing juror names in the retrial of former investment banker Frank Quattrone, lawyers said. 

U.S. District Judge Richard Owen issued the original order last week. News organizations, including The Associated Press, claimed it violated First Amendment protections against prior restraint. 

But Owen, in a private session April 14 with media lawyers, noted the Tyco trial had been "blown to smithereens" after some newspapers published a juror's name, said Lynn Oberlander, a lawyer for Forbes Inc. 

Owen agreed to have two reporters attend private conferences in the judge's robing room during jury selection, said David Schulz, a lawyer for the media groups. Jury selection began April 12. 

In the Tyco trial, a judge declared a mistrial when Juror No. 4 - who was holding out for acquittal of the two former executives - reported receiving threats after she was named by some newspapers. 

The newspapers that printed her name said their decision was justified because she had made a hand motion interpreted by some media as an "OK" gesture toward defense lawyers. She has since denied making such a gesture. 

The press traditionally does not name jurors during a trial. 

Owen's original order barred publication of the name of any prospective or selected juror "until further order of this court" in the Quattrone retrial. 

The AP joined The New York Times Co., Bloomberg LP, Dow Jones & Co., Forbes, NBC, Reuters, the San Jose (Calif.) Mercury News and Newsday in opposing the order. 

Schulz said none of his clients had expressed any intention of publishing a juror name in the Quattrone retrial, and were simply arguing on constitutional grounds. 

Quattrone, 48, is charged with obstruction of justice and witness tampering for a Dec. 5, 2000, e-mail that urged employees at Credit Suisse First Boston bank to destroy some files. 

At the time, the government was looking into how CSFB doled out shares of hot new-to-market stocks. Quattrone claims he was following the bank's policy, which called for regular destruction of some documents. 

His first trial ended in a hung jury last October.