The questions began bubbling up shortly after 9:30 on Monday morning as reporters and lawyers arrived at the Federal District Court in Manhattan for the second week of deliberations in the insider trading trial of Raj Rajaratnam.
Where was Rajaratnam?
Like many criminal defendants, Rajaratnam has not missed a day of his trial, and has stayed close to his lawyers during deliberations. But after undergoing emergency surgery on Sunday for a bacterial infection in his foot, Rajaratnam was unable to attend Monday?s deliberations, his attorney said.
?Rajaratnam has waived his right to be present until he can return,? said a note from his lawyer, John Dowd. ?It is hoped that he will be recovered sufficiently to return to the courthouse this week.?
It is unclear what exactly is ailing Rajaratnam, but during his bail hearing, lawyers told the judge that Rajaratnam, the Galleon Group co-founder, suffered from diabetes. After court on Monday, Dowd assured reporters that if Rajaratnam could be at the trial, he would, and that he was being ?well cared for? in the meantime.
Aside from Rajaratnam?s emergency trip to the doctor, it was a typical verdict watch atmosphere, with journalists and court observers sitting idly, reading papers or chatting on the phone as the hours slowly drained from the day.
At noon, word of a jury note ? the first in two full days ? sent a wave of people rushing into the courtroom. In short order, the prosecution and defence team assembled in the courtroom, checking BlackBerrys and whispering to one another as they awaited the judge?s appearance.
The judge, however, made no such appearance. Instead, the lawyers filed into Judge Richard Holwell?s chambers without a word. After half an hour, the lawyers resurfaced before leaving as quickly as they had come, declining to answer the questions of reporters. Later in the day, the content of the question became clear when the judge responded to the jury.