A three-judge panel of the U.S. Circuit Court of Appeals here refused yesterday to reconsider its decision ordering the judge in Michael K. Deaver's perjury trial to conduct jury selection in public.
The panel rejected, without comment, petitions by defense lawyers and prosecutors to reconsider its July 15 decision.
In a separate order, the full court unanimously rejected a suggestion by the prosecution and defense that it review the panel's ruling.
The appeals court decision prompted U.S. District Court Judge Thomas Penfield Jackson to dismiss 94 prospective jurors and reschedule the trial for Oct. 19.
Deaver, former deputy White House chief of staff, is charged with lying to Congress and a grand jury about his lobbying business.
The 3-to-0 ruling last month was made on a challenge by news organizations that had protested Jackson's decision to question most prospective jurors behind closed doors.
The judge, citing the sensitive nature of questions about jurors' experiences with alcoholism or drug abuse, ordered the proceedings to be conducted in the jury room.
The defense has signaled its intention to introduce testimony that Deaver's memory was clouded by alcohol when he gave sworn testimony to a House subcommittee and the grand jury.
When news organizations protested the closed procedure, Jackson ordered daily release of the transcripts of the questioning.
He also gave jurors a choice of whether to be questioned in public or in the jury room. Two jurors were questioned in open court.
The news organizations appealed Jackson's ruling.
In its July ruling, the appeals court said Jackson misread a 1984 Supreme Court case involving the Riverside (Calif.) Press-Enterprise that mandated public jury selection in all but the most extraordinary circumstances.
In that case, the high court said prospective jurors must make an "affirmative request" to be questioned privately.