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Judge Forced To Replace Juror During Deliberations In Retrial Of Man Accused Of Killing Two Sons In Rowhome Fire

PHILADELPHIA (CBS) -- The retrial of Daniel Dougherty, the man charged with murder and arson in the deaths of his two sons in a 1985 Oxford Circle rowhome fire, came to an abrupt pause Wednesday because of a startling note from the foreman. He relayed to the judge a concern about a problem juror, who was then discharged from serving. Now, a re-constituted jury has begun deliberations from scratch.

Judge Scott O'Keefe abruptly bounced juror number three on day five of deliberations after revelations she was popping pills for anxiety issues. We are told the judge, defense counsel and the prosecutor met with the woman in-camera, behind closed doors, to confront her. They also met privately with the foreman, who said other jurors believed she was "incapable of continuing and did not appear to be emotionally stable."

The judge dismissed her and told the others to cease deliberating while the court quickly reached out to an alternate juror, who heard the entire case up until the closing arguments. That alternate juror who worked nearby in Center City was summoned.

Judge O'Keefe recharged the entire jury, and it restarted deliberations from the beginning.

The panel of jurors will return to deliberations Friday morning.

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