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Juror dismissed in Malheur refuge takeover trial; deliberations start anew

By Amy R. Connolly
Activist LaVoy Finicum speaks during a press conference at the Malheur National Wildlife Refuge on January 16, 2016 near Burns, Oregon. Ammon Bundy and about 20 other protesters took over the refuge on Jan. 2 after a rally to support local ranchers Dwight Hammond Jr., and his son, Steven Hammond. Photo by Jim Bryant/UPI
Activist LaVoy Finicum speaks during a press conference at the Malheur National Wildlife Refuge on January 16, 2016 near Burns, Oregon. Ammon Bundy and about 20 other protesters took over the refuge on Jan. 2 after a rally to support local ranchers Dwight Hammond Jr., and his son, Steven Hammond. Photo by Jim Bryant/UPI | License Photo

PORTLAND, Ore., Oct. 27 (UPI) -- A federal judge dismissed a juror whose impartiality was in question after he allegedly described himself as "very biased" in the case of five armed occupiers of the Malheur National Wildlife Refuge in Oregon.

In the third day of deliberations, the juror, a former Bureau of Land Management ranch technician and firefighter, allegedly told other jurors, "I am very biased." A replacement juror, a paralegal from central Oregon, took the dismissed juror's place.

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U.S. District Court Judge Anna Brown said the only way to handle the accusation of bias was to dismiss the juror. She ordered the jury to restart the deliberations.

"You're going to have to set aside the conclusions you have and start over, just like when the case was handed to you," she said.

The jury is considering charges against Ammon Bundy, his brother Ryan and five others after a 41-day occupation of the refuge in southeastern Oregon. The occupiers took over the refuge on Jan. 2, demanding the U.S. government return control of public areas to local officials. They are being tried for conspiring to keep federal workers from doing their jobs.

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Before the start of the trial, the now-dismissed juror told the court he worked for the Bureau of Land Management more than two decades ago, but assured them he could remain unbiased.

In other news from the trial, another juror indicated the jury had reached verdicts on some of the seven defendants accused of conspiracy to keep federal employees from work.

"If we are able to agree on a verdict for three of the defendants but are at a standoff for the others, does our decision for the three stand," the note said. "Or does this become a mistrial for all?"

Brown told jurors a partial verdict is permissible because each defendant is a separate case.

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