FBI Agent's Joke Leads To Mistrial In District

"As the appearance of impropriety is often as damaging as impropriety itself, I felt compelled to report this questionable conduct," the unidentified forewoman wrote.

Robertson later brought the jurors into the courtroom to explain what had happened. He told them he didn't blame them but stressed that jury decisions cannot appear to be improperly influenced.

"I can't emphasize to you enough how delicate this whole business is," Robertson said. "Believe it or not, that tiny little conversation is enough to trigger a mistrial decision."

Federal prosecutors Julieanne Himelstein and David P. Saybolt tried to convince the judge that it was premature to declare a mistrial without knowing whether the jurors were affected by the incident. Saybolt said that bank employee accounts of the robbery would sound "a little flat" in a second trial.

Stoddard's attorney, federal public defender Shawn F. Moore, said that would not be Stoddard's fault.

"Agent Johannes has been in the FBI for four years," Moore said. "He had no business talking to jurors. This is the fault of someone who should have known better."

FBI spokeswoman Debbie Weierman declined to comment.