Citing a “confused” jury, an attorney defending Mayor Sheila Dixon asked Judge Dennis M. Sweeney to declare a mistrial as deliberations on whether the mayor stole gift cards intended for the needy continued on the fifth day with no end in sight.
The motion, which was argued late Wednesday morning, was denied by the judge.
“The jury has not shown any of the confusion the defense has claimed, “ he said.
In arguments before the judge to dismiss the case, Dixon attorney Dale P. Kelberman argued that the request for transcripts and other materials indicated that the jury was “confused.” He also said the jury felt “pressured” to conclude deliberations prior to the four-day Thanksgiving holiday.
“We think it's an impossible task to ask the jury to separate the testimony of four witnesses” as to what part of the testimony is in and what is out, Kelberman said. Portions of some of the witnesses' testimony were previously struck by the judge.
The court is requiring them [the jurors] to become “legal scholars,” Kelberman added.
“We think it’s an insurmountable task” in a “coercive environment,” he argued, and that it's “too much to ask of them.”
But state prosecutor Robert A. Rohrbaugh countered that the jurors were simply fulfilling their duty by carefully considering the evidence before them.
“The jury is doing exactly what they’re supposed to be doing. It is very disconcerting that at this point the defense is asking for a mistrial,” Rohrbaugh said.
“Defense counsel says this jury is 'confused,'” he declared. “I submit it's just the opposite.
“A mistrial would be a grave mistake.”
The motion came as juror No. 11 requested transcripts of the testimony from four witnesses “to clarify facts,” according to a note submitted to the judge by the jury foreperson.
Judge Sweeney cleared the courtroom to meet with attorneys from both sides to determine how best to provide the transcripts to the jurors, including testimony from developer Patrick Turner, Dixon aide Mary Pat Fannon and current boyfriend/housing employee Edward Anthony.
— Alan Z. Forman & Stephen Janis
