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A juror excused earlier this month from hearing the Gold Club case interrupted the trial Tuesday afternoon to ask whether he could discuss it with reporters. Federal Judge Willis B. Hunt Jr. of the U.S. District Court for the Northern District of Georgia was conducting a hearing outside of the jury’s presence when former juror Don E. Bailey entered the courtroom and strode directly to the prosecutor’s podium, interrupting an FBI agent who was reviewing videotape for defense attorneys. Bailey then asked Hunt whether he remained under a gag order that barred him from discussing the case even though he is no longer on the jury. “I’m not going to interrupt to hear you now,” Hunt responded tersely. “You’ve sued me. You had a hearing about me today.” But as Bailey continued to press the judge for direction, Hunt replied, “You are not to discuss the case with anybody until the case is over.” Bailey then left the courtroom. Earlier, Bailey had asked U.S. District Senior Judge Charles A. Moye Jr., also of the U.S. District Court for the Northern District of Georgia, to issue an “emergency restraining order” to halt the Gold Club trial until he could be reinstated to the jury. Appearing on his own behalf after filing a handwritten motion for the hearing, Bailey also demanded that the government continue to pay him the $40 daily juror’s fee. He named Judge Hunt and his courtroom deputy, Julee Smilley, as defendants. Bailey v. Hunt, No. 1:01-cv-1847 (N.D. Ga. July 13, 2001). Moye denied all of Bailey’s requests, as well as a motion that Moye recuse himself. Bailey — one of the trial’s 12 original jurors — went to Atlanta’s Grady Memorial Hospital on July 5, suffering from severe stomach pains. He missed most of a day of testimony and spent that night at the hospital before he was diagnosed with a bad case of indigestion. Hunt excused him and replaced him with one of six alternates. Attorney Donald F. Samuel, who is defending Gold Club Chief Financial Officer Larry Gleit, says he doesn’t believe it would be grounds for a mistrial if Bailey violates Hunt’s admonishment not to discuss the trial. A mistrial would be likely only if Bailey revealed jury misconduct, Samuel says. “The mere fact that he talks to the press — I don’t know how that can lead to a mistrial,” says Samuel, who adds that he thinks Hunt was within his authority to order Bailey not to talk about the case. Nonetheless, Samuel says, “everybody’s concerned” about what Bailey might say. “We don’t usually get an insight into jurors’ attitudes midtrial. We don’t want the government to have some sort of sense of what’s going on. The government doesn’t want us to have some sort of sense of what’s going on. … We would rather keep the jury a mystery.” After he was released from the hospital July 6, Bailey said, he went directly to Hunt’s chambers and asked for a transcript of the July 5 proceedings “for me to read to catch up on the trial.” Hunt, he said, informed him it was too late to be reinstated. Hunt confiscated Bailey’s trial notes and told him not to discuss the case. “He told me not to talk to any reporters,” Bailey explained to Moye. “I don’t know whether I’m still under a gag order. I haven’t talked to a reporter. I’m not interested in being in the limelight. … All I wanted to do is do my duty.” Jury pay was also an issue for Bailey. He and his 73-year-old mother live on their Social Security checks, which total $1,224.50 per month according to court records. On Friday, when Bailey filed his motion for an emergency restraining order, U.S. Magistrate Joel M. Feldman issued an order allowing him to make his case in pauperis, or as a pauper, without having to pay the court fees usually required. Unlike many of his fellow jurors, Bailey said, he wanted to sit on the Gold Club jury. “I was anxious to be a juror. … A lot of jurors didn’t want to be a juror on the Gold Club case. They was afraid they’d be — what’s that term � ‘whacked’ over it.” Bailey twice has filed federal suits on his own behalf against Cobb County Superior Court. He also was a plaintiff in a 1992 suit against the Social Security Administration. All those cases were dismissed. Moye presided over two of them, one of which Bailey said remains active on appeal. Bailey asked Moye to recuse himself because he presided over those cases. The racketeering trial of Gold Club owner Steven E. Kaplan and his alleged liaison with organized crime, an Atlanta police officer, and four of the strip club’s employees began April 30. Three months later, the trial shows no sign of ending soon. Federal prosecutors still are calling witnesses, and seven defense lawyers have not presented their cases yet.

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