The jurors have finished day two of deliberations without a verdict.
They'll be back at 9:30 in the morning.
"I feel good," John Ford said as he left the courtroom.
Thursday, April 26, 2007
The jury arrives
The judge gives the jury the following definition of "color of official right":
"By reason of one who is a public official or holds public office. That is the definition the court is going to give you," says the judge to the jury.
"By reason of one who is a public official or holds public office. That is the definition the court is going to give you," says the judge to the jury.
Bring the jury in
After some debate. The judge has asked the court security officer to bring the jury in.
Questions over the question
"The instructions are as they are. My opinion is we shouldn't be handing any additional instructions back," says defense attorney Michael Scholl.
Prosecutor Tim DiScenza suggests supplemental jury instructions are common.
The judge interprets "color of official right" to mean "that pertaining to a public official or one who holds public office."
Prosecutor Tim DiScenza suggests supplemental jury instructions are common.
The judge interprets "color of official right" to mean "that pertaining to a public official or one who holds public office."
"Color of Official Right"
Prosecutor suggests color of official right means "someone who held public office."
Ford's attorney thinks the jury instructions should stand the way they are.
"Color of official right is not specifically explained," says the prosecutor. It means "holding a public office," he says.
"I think the definition would be ... by reason of that person being a public official or holding public office," says the judge.
Ford's attorney wants to just point the jurors to the jury instructions.
Ford's attorney thinks the jury instructions should stand the way they are.
"Color of official right is not specifically explained," says the prosecutor. It means "holding a public office," he says.
"I think the definition would be ... by reason of that person being a public official or holding public office," says the judge.
Ford's attorney wants to just point the jurors to the jury instructions.
Ford arrives for question
John Ford, his attorney Michael Scholl, and several members of the Ford family have just arrived to hear the jury's question.
I'd describe the mood as anxious.
I'd describe the mood as anxious.
The jury has a question
The jury has a question. We are all being called back into the courtroom.
The prosecutors have just arrived.
A crowd is building inside the courtroom. It could take some time to gather all parties involved.
I'm not sure whether Ford himself has been called back to the courtroom. I assume he and his attorneys have been notified.
I'll keep you updated.
The prosecutors have just arrived.
A crowd is building inside the courtroom. It could take some time to gather all parties involved.
I'm not sure whether Ford himself has been called back to the courtroom. I assume he and his attorneys have been notified.
I'll keep you updated.
Live Coverage
Our crews are all over the courthouse, ready to bring you live coverage of today's latest developments.
We'll have team coverage of the John Ford Tennessee Waltz Trial beginning on News Channel 3 First at Four.
You'll hear insight from Mike Matthews about what the mood is like inside the courthouse. You'll also hear from courtroom observers who have been watching the trial all along.
We'll have team coverage of the John Ford Tennessee Waltz Trial beginning on News Channel 3 First at Four.
You'll hear insight from Mike Matthews about what the mood is like inside the courthouse. You'll also hear from courtroom observers who have been watching the trial all along.
The slightest move
A funny thing just happened. We got word the jury was on the move ... and you should have seen the members of the media jump. Myself included.
But that's an indication of the mood. We're all anxiously awaiting a verdict.
Turns out the jury is just taking a break.
But that's an indication of the mood. We're all anxiously awaiting a verdict.
Turns out the jury is just taking a break.
"So .... what do you think?"
Over and over again, you'll hear the same question up here on the 11th floor, "So, what do you think?"
Everyone is speculating on how long it will take the jury to deliberate.
Will it be today? Maybe tomorrow?
If not tomorrow, will the judge make the jurors work through the weekend?
Not even the experts among experts know for sure.
What I can tell you is that the press corps is growing. There are dozens of reporters and photographers waiting for the verdict.
We still haven't had any John Ford sightings yet, but a few of his family members are in the building.
Everyone is speculating on how long it will take the jury to deliberate.
Will it be today? Maybe tomorrow?
If not tomorrow, will the judge make the jurors work through the weekend?
Not even the experts among experts know for sure.
What I can tell you is that the press corps is growing. There are dozens of reporters and photographers waiting for the verdict.
We still haven't had any John Ford sightings yet, but a few of his family members are in the building.
The jury returns
Back from lunch.
Members of the jury have returned to the 11th floor of the courthouse, where I can only assume they will once again resume deliberations.
It's quiet.
Members of the jury have returned to the 11th floor of the courthouse, where I can only assume they will once again resume deliberations.
It's quiet.
Sit back and relax
We can all sit back and relax for a few minutes.
The jury has gone to lunch.
Courtroom security has just escorted them down the hallway.
The jury has gone to lunch.
Courtroom security has just escorted them down the hallway.
IF Ford is found guilty ... then what?
The jury is still deliberating, considering all five counts against John Ford.
The jurors aren't even supposed to consider possible punishment when they're coming up with a verdict. "The question of punishment should never be considered by the jury in deciding the case. If the defendant is convicted the matter of punishment is for the judge to determine," the judge told the jurors yesterday.
But here are the possible punishments if there is a conviction:
Count 1: Extortion: Not more than 20 years, not more than $250,000 fine
Count 2: Bribery: Not more than 10 years, not more than $250,000 fine
Counts 3,4 and 5: Witness Intimidation: Not more than 10 years, not more than $250,000 fine on each of those counts.
The jurors aren't even supposed to consider possible punishment when they're coming up with a verdict. "The question of punishment should never be considered by the jury in deciding the case. If the defendant is convicted the matter of punishment is for the judge to determine," the judge told the jurors yesterday.
But here are the possible punishments if there is a conviction:
Count 1: Extortion: Not more than 20 years, not more than $250,000 fine
Count 2: Bribery: Not more than 10 years, not more than $250,000 fine
Counts 3,4 and 5: Witness Intimidation: Not more than 10 years, not more than $250,000 fine on each of those counts.
The Ford Family
Some of Ford's supporters who have been in the courtroom during the enitre trial have just arrived.
I asked if they've heard any news. They tell me they're simply waiting like the rest of us.
They seemed upbeat.
Just a quick reminder ... you can watch live coverage from the courthouse on News Channel 3 at Noon.
"The Watchdog" will get you all up to date with what's happening in and around the courtroom as everyone waits for a verdict.
I asked if they've heard any news. They tell me they're simply waiting like the rest of us.
They seemed upbeat.
Just a quick reminder ... you can watch live coverage from the courthouse on News Channel 3 at Noon.
"The Watchdog" will get you all up to date with what's happening in and around the courtroom as everyone waits for a verdict.
Was Ford entrapped?
I picked up a copy of the jury instructions to let you know what the judge told the jurors about entrapment before they began deliberating.
"One of the questions in this case is whether the defendant was entrapped," the judge said. "Entrapment has two related elements. One is that the defendant was not willing to commit the crime. The other is that the government, or someone acting for the government, induced or persuaded the defendant to commit it."
"If the defendant was not already willing to commit the crime prior to first being approached by government agents or other persons acting for the government, and the government persuaded him to commit it, that would be entrapment. But if the defendant was already willing to commit the crime prior to first being approached by government agents or other persons acting for the government, it would not be entrapment, even if the government provided him with a favorable opportunity to commit the crime, or made the crime easier, or participated in the crime in some way."
Here are some of the things the judge told the jury to consider:
1. Ask yourself what the evidence shows about the defendant's character and reputation.
2. Ask yourself if the idea for committing the crime originated with or came from the government.
3. Ask yourself if the defendant took part in the crime for profit.
4. Ask yourself if the defendant took part in any similar criminal activity with anyone else before or afterwards.
5. Ask yourself if the defendant showed any reluctance to commit the crime and, whether he was overcome by government persuasion.
6. Ask yourself what kind of persuasion and how much persuasion the government used.
"One of the questions in this case is whether the defendant was entrapped," the judge said. "Entrapment has two related elements. One is that the defendant was not willing to commit the crime. The other is that the government, or someone acting for the government, induced or persuaded the defendant to commit it."
"If the defendant was not already willing to commit the crime prior to first being approached by government agents or other persons acting for the government, and the government persuaded him to commit it, that would be entrapment. But if the defendant was already willing to commit the crime prior to first being approached by government agents or other persons acting for the government, it would not be entrapment, even if the government provided him with a favorable opportunity to commit the crime, or made the crime easier, or participated in the crime in some way."
Here are some of the things the judge told the jury to consider:
1. Ask yourself what the evidence shows about the defendant's character and reputation.
2. Ask yourself if the idea for committing the crime originated with or came from the government.
3. Ask yourself if the defendant took part in the crime for profit.
4. Ask yourself if the defendant took part in any similar criminal activity with anyone else before or afterwards.
5. Ask yourself if the defendant showed any reluctance to commit the crime and, whether he was overcome by government persuasion.
6. Ask yourself what kind of persuasion and how much persuasion the government used.
Signs
Everyone down here at the courthouse is looking for signs.
Signs that might indicate how long the jury will take to reach a verdict.
Last night the jurors requested to see the undercover videos, and they wanted subtitles included on the screen.
There were some technical issues with accommodating that request, so instead the jurors will be able to view the videos and read along paper transcripts.
The feeling up here outside the courtroom is that since the jurors made that request, they're discussing the evidence to the point they feel the need to look over the undercover tapes.
One courtroom observer remarked that if they look back through all the tapes they could be here for days.
Signs that might indicate how long the jury will take to reach a verdict.
Last night the jurors requested to see the undercover videos, and they wanted subtitles included on the screen.
There were some technical issues with accommodating that request, so instead the jurors will be able to view the videos and read along paper transcripts.
The feeling up here outside the courtroom is that since the jurors made that request, they're discussing the evidence to the point they feel the need to look over the undercover tapes.
One courtroom observer remarked that if they look back through all the tapes they could be here for days.
What was the deal with the dismissed jurror?
I put in a request with the court to see any and all transcripts relating to why the juror was dismissed before deliberations yesterday.
The simple answer from the judge... No.
The discussion about dismissing the juror took place in the judge's chambers. It's possible the transcripts will be released after the case is over.
We'll keep you updated.
The simple answer from the judge... No.
The discussion about dismissing the juror took place in the judge's chambers. It's possible the transcripts will be released after the case is over.
We'll keep you updated.
Good Morning
Good morning from the courthouse downtown.
The jurors are already back at it, starting day two of their deliberations.
There wasn't much to it this morning. In fact, last night the judge told the jurors to simply head straight to the jury room when they arrived in the morning.
No sign of John Ford. The judge told both parties they were not required to be here first thing in the morning.
Now it's a waiting game.
The speculation continues.
How long will the jury deliberate?
Nobody really knows.
We'll be here. Waiting.
The jurors are already back at it, starting day two of their deliberations.
There wasn't much to it this morning. In fact, last night the judge told the jurors to simply head straight to the jury room when they arrived in the morning.
No sign of John Ford. The judge told both parties they were not required to be here first thing in the morning.
Now it's a waiting game.
The speculation continues.
How long will the jury deliberate?
Nobody really knows.
We'll be here. Waiting.
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