But on the jury's final verdict sheet, it was clear that on two counts related to Mr. McIntosh's motivation for the shootings, at least one juror had favored a death sentence.
A Government prosecutor asserted yesterday that defense lawyers in the GAF stock manipulation case had acknowledged that most jurors favored a conviction at the time a mistrial was declared on Wednesday.
Mr. Hirschhorn joined Ms. Fairstein in also challenging the widely held notion that black jurors, feeling kinship with Mr. Simpson and disdain for the white establishment, would favor the defense.
The strategies yesterday seemed to presume that a jury with more blacks on it would favor the prosecution, while white jurors would favor Mr. Schwarz.
The studies indicated that when the jurors favored a relatively low award, discussion would lead to an even more lenient result, while if the jury was inclined to impose a stiff penalty, discussion would make it even harsher.
The prosecutor said that by rejecting first-degree murder it was unlikely that the jurors would favor the death penalty for Mr. McKinney.
On that jury, all but one juror favored an acquittal on all charges, Mr. Felder said.
"The defendant has not offered any affidavits in support of his claim, but instead has referred to post-verdict interviews with some of the jurors," the prosecutors said in countering Mr. Barry's contention that marshals had told several regular jurors that alternate jurors favored convicting the Mayor.
Defense lawyers said at the time that prosecutors often sought to remove black jurors from trial of black defendants on the supposition that black jurors would favor the defendant.
All 10 other jurors favored conviction, according to 5 jurors who spoke with reporters after the mistrial.