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Judge Andrew Napolitano reacted to the decision by a dismissed juror in the trial of Sen. Robert Menendez (D-N.J.) to speak openly to the press prior to going on vacation.

Napolitano said that, in August, Judge William Walls consented to juror Evelyn Arroyo-Maultsby's request to be dismissed for vacation by November 12, in the case that the trial went that long.

After being dismissed, Arroyo-Maultsby spoke at length to the assembled press in Newark, N.J. and proclaimed Menendez' innocence.

Menendez is on trial for bribery over the legitimacy of favors he gave to Florida eye doctor Salomon Melgen, a top donor to the Union City, N.J. native's campaigns.

"This is really unprecented," Napolitano said on "The Daily Briefing," adding that if Menendez is convicted, the judge has made it "ripe" for an appeal.

Napolitano added that Walls questioned the remaining jurors about whether they heard Arroyo-Maultsby's statements.

About half said yes, but all of them promised Walls that the statements would not alter their deliberations.

"She did everything but name names," Napolitano said.

Menendez praised Arroyo-Maultsby's conference when asked about the press conference, saying that it helps his initial claims of innocence stretching back two-and-a-half years.

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