Judge declines mistrial in IBM cleanroom case

DEC. 11–SANTA CLARA, Calif.–An attorney for IBM asked for a mistrial in the toxics trial after a juror indicated she had seen a “Sixty Minutes II’ television report featuring allegations that the computer company knowingly poisoned workers in its cleanrooms.

After spending several hours questioning the jurors and listening to attorneys from both sides, Santa Clara County Superior Court Judge Robert Baines allowed the trial to proceed.

Richard Alexander, who represents former IBM employees Alida Hernandez and James Moore, said the juror was preparing for Christmas Wednesday evening when her husband told her the television show was about to start. “She got up and left the room,” Alexander told The Mercury News of San Jose, Calif.

The “60 Minutes II” segment, which lasted about 12 minutes, featured several former clean room employees from IBM’s California and New York manufacturing plants who said they got cancer after handling toxic chemicals that the computer company had told them were safe.

Hernandez and Moore allege they developed cancer after being exposed to toxic chemicals at IBM’s San Jose plant. They also contend IBM knew they were being exposed to harmful chemicals but kept that knowledge from them.

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