Alabama: 6th Day of Deliberations Ends

Bingo corruption trial: Jury ends sixth day of deliberations
By: Lance Griffin


4:45 p.m. Jurors in the gambling corruption trial deliberated throughout Wednesday before breaking at 4:30 p.m., with no indication as to whether it is closer to breaking a deadlock.

The jury will resume deliberations at 9 a.m. Thursday.

The jury indicated late Tuesday it had reached consensus on some counts, but appeared hopelessly deadlocked on other charges. U.S. District Judge Myron Thompson told the jury to continue deliberating.

Thompson has the option to accept some verdicts from the jury if it has reached unanimous verdicts on all counts related to individual defendants. If the jury indicates it is still deadlocked, he can issue what is known as an “Allen charge”, an instruction to the jury that emphasizes the length and cost of the trial and stresses there is no indication that if the case was tried again it would be tried by a less conscientious jury.

10:37 a.m. – U.S. District Judge Myron Thompson has the option of giving the jury what is known as an “Allen charge”, if the jury returns to tell Thompson it continues to be deadlocked.

The Allen charge is noted in the pattern jury instructions for the 11th Circuit. Should Thompson decide to give the Allen charge, it will read much like this:

“Members of the Jury: I'm going to ask that you continue your deliberations in an effort to agree on a verdict and dispose of this case. And I have a few additional comments I’d like for you to consider as you do so.

“This is an important case. The trial has been expensive in time, effort, money, and emotional strain to both the defense and the prosecution. If you fail to agree on a verdict, the case will be left open and may have to be tried again. Obviously, another trial would only increase the cost to both sides, and there is no reason to believe that the case can be tried again by either side any better or more exhaustively than it has been tried before you.

“Any future jury must be selected in the same manner and from the same source as you were chosen. There is no reason to believe that the case could ever be submitted to twelve people more conscientious, more impartial, or more competent to decide it – or that more or clearer evidence could be produced.

“If a substantial majority of you are in favor of a conviction, those of you who disagree should reconsider whether your doubt is a reasonable one since it appears to make no effective impression upon the minds of the others. On the other hand, if a majority or even a smaller number of you are in favor of an acquittal, the rest of you should ask yourselves again – and most thoughtfully – whether you should accept the weight and sufficiency of evidence that fails to convince your fellow jurors beyond a reasonable doubt.

“Remember at all times that no juror is expected to give up an honest belief about the weight and effect of the evidence. But after fullyconsidering the evidence in the case you must agree upon a verdict if you can.

“You must also remember that if the evidence fails to establish guilt beyond a reasonable doubt, the Defendant must have your unanimous verdict of Not Guilty. You should not be hurried in your deliberations and should take all the time you feel is necessary.

“I now ask that you retire once again and continue your deliberations with these additional comments in mind. Apply them in conjunction with all the other instructions I have previously given to you.”

9 a.m. – Jurors have begun deliberating for a sixth day in the bingo corruption trial after an eventful fifth day Tuesday in which the jury told the judge it is deadlocked on some counts.

Jurors sent a note to U.S. District Judge Myron Thompson Tuesday afternoon. The note from the jury foreman said it has reached consensus on some of the counts, but that it appears there is no way to reach consensus on others.

Thompson called the jury to the courtroom and urged it to continue deliberating.

Outside the presence of the jury, Thompson discussed options with the attorneys and the government if the jury says it can not reach consensus on the remaining counts.

(1) Accept verdicts from the jury if it has reached consensus on all counts related to some defendants, and send the jury back to continue deliberating other counts.

(2) Accept no verdicts and issue an “Allen charge” to the jury. An Allen charge is also known as a “dynamite charge” and is a set of instructions given to jurors to urge them to redouble efforts to reach a consensus. It is called a dynamite charge because the purpose is to dislodge jurors from their entrenched positions. If given, Thompson would likely tell the jurors not to abandon strongly-held beliefs, but to look at the evidence from a fresh perspective in the belief that some piece of evidence or argument may sway an opinion.

Jury deliberations are entering a sixth day. Government attorneys indicated five days of deliberations are not lengthy for a nine-week trial.

Jim Parkman, attorney for Sen. Harri Anne Smith, said he expects Wednesday to be a “big day.”

Some defense attorneys said loud voices could be heard from the hallway where the jurors are deliberating at the Frank M. Johnson Federal Courthouse, but did not want to speculate on what counts or defendants are the subject of the division among the jurors.