Wheeling, W.Va. (AP) -- A judge forced to declare a mistrial when too few people showed up for the jury pool is requiring each of the no-shows to pay $167.
Ohio County circuit judge Arthur Recht says the court had to pay those who did show $40 for their time, plus mileage.
The total bill of $1,171 was divided among those who had no legitimate excuse for failing to appear.
Two were forgiven because they were hospitalized the day the trial of pharmacist Mark Gary was to begin, but Recht says seven others had no good reason.
Their absences left fewer than 20 potential jurors. Some were excused, and too few were left to seat 12.
Recht has given the no-shows 90 days to pay.
Gary, who is charged with fraudulently obtaining a controlled substance, will be tried later.
(Copyright 2009 by the Associated Press. All rights reserved.)
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