San Diego

A newly constituted jury discussed the fate of convicted killer David Lucas on Tuesday for a full day without reaching a verdict.

The San Diego Superior Court jury, which lost a member Monday and had an alternate replace the excused juror, was to continue its deliberations today. Judge Laura Hammes removed a juror Monday without explanation and ordered the panel to begin all of its discussions again, as required by law when a new juror enters the deliberations.

The jury is deciding whether to recommend that Lucas, 34, of Spring Valley, be put to death or be sentenced to a life term in prison without the possibility of parole. Lucas was found guilty by the previous 11 jurors and the dismissed juror of three first-degree murder counts and one of attempted murder.

Also Tuesday, attorney Marilyn Huff, representing the San Diego Union-Tribune, said the newspaper company has not decided whether to appeal the judge’s order on Monday denying access by the press to four juror notes sent out during their discussions.

Huff said she was pleased that the judge did agree to let the press and public inside the courtroom once a verdict is to be announced. But she said she was disappointed that the judge ruled against the media having access to the notes and instructions the judge gave back to them.

“I don’t see any possible way that reporting that would affect the outcome of the case,” Huff said.

She said all the jurors know what their notes to the judge said and what Hammes wrote or said back to them.