case regardless of the verdict all while they were still deliberating. on monday, district judge said in open court, but without the jury present, that he planned to dismiss the case regardless of the jury's decision, because palin had failed to prove that the times acted with quote actual malice. the judge though did not tell the jury what he decided. in a court filing yesterday, rakoff wrote that several jurors told his clerk late on tuesday that they had in fact received the phone notifications of the judge's intentions, despite quote assiduously adhering to the court instruction to avoid media coverage of the trial. the jurors assured the clerk that the notifications had not played any role in their deliberations. rakoff finally added that if any party to the case was concerned they should let him know promptly. palin could successfully get the verdict overturned, if she