NEW BEDFORD — An alternate juror was dismissed from the Christopher Viger murder trial Wednesday because she gave a ride to the defendant's mother and friend and discussed the case with them. New Bedford Superior Court Judge Susan E. Garsh dismissed the woman — who was one of three alternate jurors — after it was disclosed yesterday she drove Mr. Viger's mother and friend home after closing arguments Tuesday. The alternate juror, whose name was not released, also commented on the case while driving them home, said J. Drew Segadelli, Mr. Viger's defense lawyer. "She said two things — 'I think your son is innocent, and you have a great lawyer,'" Mr. Segadelli said. "It's an act of unfettered kindness that turned into a mess." The jury panel was repeatedly instructed by Judge Garsh throughout the weeklong trial to not discuss the case among themselves or have contact with anyone associated with the defendant or victim. Judge Garsh held a hearing yesterday in the courtroom to review the incident. The alternate juror admitted to giving a ride to the defendant's mother, Lori Ann Viger, who also testified as a witness during the trial. The alternate juror denied discussing the case with them, but Ms. Viger and her friend testified during the hearing they had indeed talked about the trial. After dismissing the alternate juror, Judge Garsh said she was sending a copy of the hearing's transcript to the District Attorney's Office to consider charging her with perjury. "I can't speak on behalf of my office, but I think I can say this is a further indication of how seriously the judge considered this particular activity," said Assistant District Attorney Raymond P. Veary Jr., who is prosecuting the case. Neither Mr. Segadelli nor Mr. Veary moved for a mistrial. Jurors have been deliberating for 11 hours since Tuesday and will resume deliberations today. Mr. Viger, 28, is on trial in the July 11, 2003, murder of 86-year-old Leonard Silveira. He is accused of killing Mr. Silveira by hitting him repeatedly on the head with an ax and a hammer and then setting fire to Mr. Silveira's house to conceal the crime.
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