PAUL: Well, I get the impression from that she is talking about since they were put in there Wednesday.

EAGAN: Some of them have obviously expressed their opinion regarding the weight of the evidence or something of this nature and she has heard it and it has got her disturbed. That is really what the jury is supposed to do.

PAUL: I really don't think we ought to go any further with this.

HADLEY: Your Honor, what does that portion "statements made before Wednesday afternoon" that she put in there narrow it down to? I don't know, I am just disturbed by that part of her response....

EAGAN: She doesn't say that anyone has expressed prior to Wednesday an opinion as to guilt or innocence.

PAUL: She hasn't even said that. "Statements made immediately after foreman was elected and numerous other things. This is just the main item."

HADLEY: But then---

PAUL: It comes down and says "made before Wednesday afternoon," which is---

HADLEY: She has got down "made before Wednesday afternoon.”

PAUL: Well---

HADLEY: How about just direct a question, "Were statements made prior to the case being submitted to the jury that would indicate someone had a preconceived notion?"

PAUL: I think we would we in bad shape if we started to do that.

HADLEY:  What concerns me is the lady obviously thought it was serious enough to bring to our attention, so I am wondering if it is something that was said before Wednesday afternoon.

EAGAN: She is a nervous lady, though, and her view of that is not justified by the information that she has given us. I don't think there is anything here that would justify us now going into an inquiry to determine whether or not we are going to upset this jury's deliberations....

Further contact with a sole juror jeopardized the integrity of the jury's work. But if another juror had announced a premature decision, then the trial was already compromised. And although Brickle hadn't hinted where she stood, both sides understood that she might be feeling the strain of being a sole holdout: the verdict could be imminent.

Hadley argued that Paul should ask her to be more specific: "...I think even the possibility of jury misconduct cannot be overlooked and must be inquired into. I don't know, I am in strange territory right now and I just don't know, but if there was jury misconduct I think we need to know about it."

At this point Brickle had already been out of the jury room for several minutes. The others, presumably, were still discussing the case: they had not been instructed otherwise. Paul said that he favored sending Brickle back into the room