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7/19/2006
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Deliberations In UBS Hacker Trial Continue For Fourth Day

The jury asked to examine several pieces of evidence, and two jurors were dismissed after the case went to the jury last week.

Newark, N.J. - The jury is in its fourth day of deliberations here in the trial of a systems administrator accused of attacking his former employer, UBS PaineWebber.

Roger Duronio of Bogota, N.J. is facing four federal criminal charges in connection with the March 4, 2002 incident, which took down about 2,000 servers and crippled the financial giant's ability to handle trading for anywhere from one day to several weeks in some locations. The company's main server in its Weehawkin, N.J. data center was hit, along with servers in branch offices around the country.

The case went to the jury last week. In the first three days of deliberations, they spent about 17 hours going over all four counts. One juror was dismissed earlier this week because of a death in the family. She was replaced with one of the three replacements, bringing the jury count back to 12. Once a new juror is brought in, they are required to begin deliberations anew.

Late Tuesday afternoon, a second juror was dismissed because of a scheduling issue. She was released from the jury but a second alternate was not brought in to replace her. It is within the rules for a jury to come to a verdict with only 11 members.

The jurors went back in Wednesday morning to continue their arguments.

In the course of their deliberations, the jury has sent out several notes asking for different pieces of testimony to either be reread to them or for copies of reports to be supplied to them. For instance, they have asked to have read to them part of the testimony of the defense's forensics expert. They also asked to hear from one of the stock brokers who testified about Duronio purchasing puts on the day he quit his job at UBS. They also have asked for multiple copies of a report from @Stake, the company that UBS hired in the initial days after the attack to come in and do forensics work.

In closing arguments, Duronio's defense attorney, Chris Adams, charged that government investigators planted evidence, relied on "polluted" evidence, and ignored evidence contrary to its case, in an effort to frame his client. The government contends that the defense is throwing out red herrings in the form of conspiracy theories, and that all roads - including hard evidence found at Duronio's home and forensics evidence on machines belonging to Duronio and UBS - lead to the defendant.

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