Dear Ron:

The following undercuts your evidence, muddys the water and disproves your case because the trial was unfair:

El Paso Times Article 10/18/2006

"...The problem was that the jurors were under the impression that a hung jury was not an option. Gourley, a special education teacher, and Torres said that the foreman of the jury told them that Cardone would not accept a hung jury. Woods said she heard the same statement but could not remember which juror said it.

"Essentially, when they saw they could not convince the majority in favor of voting guilty, they conceded their votes, believing that they did not have the option to stick to their guns and prevent a unanimous verdict," Stillinger wrote in the motion.

Gourley said he thought the foreman was relating something he heard directly from the judge and when he found no mention on hung juries in the court's printed instructions, "I had no reason to doubt the foreman," he wrote.

After the trial, Gourley told the media that he felt pressured by other jurors who wanted to resume their normal lives after more than two weeks of trial. He also said he thought 10 years in prison was a grossly inappropriate punishment for the agents.

"Had we had the option of a hung jury, I truly believe the outcome may have been different," he said.

The third juror, Woods, wrote, "I don't remember exactly what it was that made me change my vote to guilty on these charges, but I know I was very influenced by my belief, based on the other juror's statement, that we could not have a hung jury. I think I might not have changed my vote to guilty if I had known that was an option."...."