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Key count snags Scrushy's jurors

But the jury is asked to move on to other charges facing the former HealthSouth chief.

BIRMINGHAM, Ala. - Confused and deadlocked on a key count in their sixth day of deliberations, jurors in the trial of former HealthSouth Corp. chief Richard Scrushy got a judge's okay Thursday to move on to other charges.

U.S. District Judge Karon Bowdre encouraged the jury, which has been deliberating from 9 a.m. to 2:30 p.m. daily, to consider working longer days as members try to reach a decision in a trial that began Jan. 25.

Bowdre's comments came in response to a sixth handwritten note from the jury, which recessed until this morning. It is considering the first 36 counts in the indictment, which accuses Scrushy of directing a huge accounting fraud at the medical services chain.

Although previous notes were written by the foreperson, the latest note came from another member of the panel, Bowdre said.

The note said: "We cannot reach a unanimous decision on Count One Conspiracy." The word "cannot" was underlined for emphasis.

The note, with grammatical errors, continued: "This question have been asked, but a simple yes or no to this 1 count will let me know if their is a need to move on to the other counts."

Asking the judge directly whether the verdict on the conspiracy count must be unanimous, the note asked the judge to circle "yes" or "no" to indicate an answer.

Repeating instructions the jury has heard several times, Bowdre told them any verdict must be unanimous and added: "But you do not have to approach the counts in any particular order."

Scrushy was smiling as he left court.

"I like what I saw," said Scrushy, whose lawyers say they want an acquittal rather than a hung jury and mistrial.

"I think part of the stumbling block could be that verdict form," said Martin. "I think some of the other counts" might be simpler to decide.

The conspiracy charge encompasses a number of allegations, including fraud, false corporate reporting and false statements to regulators.

Despite urging jurors to extend their work day, Bowdre said she agreed with their decision to take a long weekend for the Memorial Day holiday. The panel will work only 9 a.m. to 1 p.m. on Friday and be off on Monday, court officials said.

Scrushy is the first CEO charged under the Sarbanes-Oxley law, passed in 2002 in response to a string of corporate scandals.

[Last modified May 27, 2005, 00:39:13]