The decision has been made!
The judge has now asked that the jurors sign and date the verdict form against the four counts in which they have made a decision.
They agree on the following:
Count 1) no agreement on extortion
Count 2) guilty of bribery
Count 3) not guilty of witness intimidation
Count 4) not guilty of witness intimidation
Count 5) not guilty of witness intimidation
Sentencing will be July 31 at 9:00 am.
Friday, April 27, 2007
20 minutes later...
We're back...but not really. We still don't have an answer.
"They said they are ready to return the verdict, it appears they may be deadlocked on the remaining count," says DiScenza. "...declare a mistrial."
Scholl still doesn't want to make a decision. So instead they brought the jury out for an inquiry.
Juror #1 tells the court that they are able to report on four of the counts, but not on one of them.
"Do you believe that any additional deliberation on the account would be of any benefit?" asks the judge.
"I do not, sir," says Juror #1.
"They said they are ready to return the verdict, it appears they may be deadlocked on the remaining count," says DiScenza. "...declare a mistrial."
Scholl still doesn't want to make a decision. So instead they brought the jury out for an inquiry.
Juror #1 tells the court that they are able to report on four of the counts, but not on one of them.
"Do you believe that any additional deliberation on the account would be of any benefit?" asks the judge.
"I do not, sir," says Juror #1.
What if they can't decide?
We're now into some exciting stuff...
The jury has passed a note back to the judge. It reads, "We are ready for a verdict, but can't decide on one of the counts."
What this means is that the jury has finally after three days of deliberation made a decision on four out the five counts against John Ford. They just have one to go, but we have no idea which "count" this is -- and neither does the judge or the attorneys.
The answer we all want to know is...What happens if they can't decide on this final count?
The prosecution is willing to take a partial verdict and declare a mis-trial, but Scholl isn't so quick to decide.
Right now Scholl has asked for a 5 minute recess (which is really turning into a good 20 minutes). He's debating about what to do and whether or not he wants to accept the partial verdict.
The jury has passed a note back to the judge. It reads, "We are ready for a verdict, but can't decide on one of the counts."
What this means is that the jury has finally after three days of deliberation made a decision on four out the five counts against John Ford. They just have one to go, but we have no idea which "count" this is -- and neither does the judge or the attorneys.
The answer we all want to know is...What happens if they can't decide on this final count?
The prosecution is willing to take a partial verdict and declare a mis-trial, but Scholl isn't so quick to decide.
Right now Scholl has asked for a 5 minute recess (which is really turning into a good 20 minutes). He's debating about what to do and whether or not he wants to accept the partial verdict.
Another question
The jury has another question.
We have returned to court.
Attorneys for both sides are in the courtroom.
We have returned to court.
Attorneys for both sides are in the courtroom.
A chat with a chaplain
John Ford's friend and chaplain Novella Smith Arnold has been on the 11th floor waiting for the verdict along with the press corps.
"I'm here because I'm the voice of the voiceless, those people who can't say thank you, those people who can't be here for themselves, I'm here for them," she says.
Arnold says Ford came to the rescue in 1989 when the Memphis Mental Health Institute was in danger of shutting down. "It was being closed by the state. He fixed it so the mentally ill would not have to die in jail," she says.
I asked Chaplain Arnold what she makes of the evidence in the case against her friend.
"The evidence in the case is vague, and I'm one of the people who believes God can do anything we ask Him to do, and that's to give him (Ford) freedom. The God I serve is a God of chances, another chance," she says.
"I'm here because I'm the voice of the voiceless, those people who can't say thank you, those people who can't be here for themselves, I'm here for them," she says.
Arnold says Ford came to the rescue in 1989 when the Memphis Mental Health Institute was in danger of shutting down. "It was being closed by the state. He fixed it so the mentally ill would not have to die in jail," she says.
I asked Chaplain Arnold what she makes of the evidence in the case against her friend.
"The evidence in the case is vague, and I'm one of the people who believes God can do anything we ask Him to do, and that's to give him (Ford) freedom. The God I serve is a God of chances, another chance," she says.
Jury is back ... from lunch
The jury is back... from lunch. I just gave our photographers a bit of a scare. I sent them a text message saying, "The jury is back."
So I just wanted to make it clear. They're back, from lunch.
So I just wanted to make it clear. They're back, from lunch.
Debate over the question
Much of the talk and speculation up here on the 11th floor today has centered around the question the jury had for the judge yesterday.
What does "color of official right" mean?
I spoke with Memphis Flyer political writer and analyst Jackson Baker to get his thoughts.
"That was, to my mind, a turn to the prosecution. They seem to be asking for boundary lines on a possible count they might uphold. Had they asked for a definition for entrapment that would have been a good sign for the defense. The likelihood of a hung jury seems to have reduced a little," says Baker.
There is also talk about what the judge might do if the jury tells him they cannot come to a unanimous decision. You'll remember during a recent high profile case involving former Shelby County Medical Examiner O.C. Smith, the jury came back to say they simply couldn't reach a decision. The judge told them to give it another shot.
Of course, all of this is speculation. There are lots of folks up here with lots of time ... and blog space to fill.
What does "color of official right" mean?
I spoke with Memphis Flyer political writer and analyst Jackson Baker to get his thoughts.
"That was, to my mind, a turn to the prosecution. They seem to be asking for boundary lines on a possible count they might uphold. Had they asked for a definition for entrapment that would have been a good sign for the defense. The likelihood of a hung jury seems to have reduced a little," says Baker.
There is also talk about what the judge might do if the jury tells him they cannot come to a unanimous decision. You'll remember during a recent high profile case involving former Shelby County Medical Examiner O.C. Smith, the jury came back to say they simply couldn't reach a decision. The judge told them to give it another shot.
Of course, all of this is speculation. There are lots of folks up here with lots of time ... and blog space to fill.
The Waiting Game
John Ford is waiting along with the rest of us.
He's out to lunch on Main street while the jurors take their lunch break.
Several of his family members are here waiting too.
He's out to lunch on Main street while the jurors take their lunch break.
Several of his family members are here waiting too.
Back from Break
Members of the jury have just returned from their break. They appear to be in good spirits.
Celebrity guest
Former Shelby County Commissioner, current mayoral candidate John Willingham has arrived on the 11th floor of the federal courthouse.
We asked him what brings him here.
"I ran out of gas," he joked.
We asked him what brings him here.
"I ran out of gas," he joked.
Break Time
Members of the jury have just exited the jury room.
We're told they are taking a short break.
We're told they are taking a short break.
Jury back at work
How should I put this. I'd be lying to you folks if I told you this was exciting.
We're sitting in a hallway watching people get off an elevator. We look at them, they look at us.
Then they get back on the elevator to go downstairs, and we wait for the next group.
I can't imagine what it must be like for both parties involved to wait for the verdict.
The jury has been at work now for about 12 hours over three days.
There is a lot on the line here.
If John Ford is convicted on all five counts, he could face up to 60 years in prison, and more than a million dollars in fines.
The government has spent hundreds of thousands of dollars on Operation Tennessee Waltz.
Ford was arrested back on May 25, 2005.
Here we are almost two years later, and his future rests in the hands of the jury.
I'll keep you updated.
We're sitting in a hallway watching people get off an elevator. We look at them, they look at us.
Then they get back on the elevator to go downstairs, and we wait for the next group.
I can't imagine what it must be like for both parties involved to wait for the verdict.
The jury has been at work now for about 12 hours over three days.
There is a lot on the line here.
If John Ford is convicted on all five counts, he could face up to 60 years in prison, and more than a million dollars in fines.
The government has spent hundreds of thousands of dollars on Operation Tennessee Waltz.
Ford was arrested back on May 25, 2005.
Here we are almost two years later, and his future rests in the hands of the jury.
I'll keep you updated.
Good Morning ... again!
Good morning again from the courthouse.
Here we go again. Day three of deliberations.
The judge has just arrived.
I haven't seen any sign of the jury, but they could already be in the jury room.
They were instructed last night to report at 9:30 a.m.
Last night ended with a question ... not a verdict.
John Ford left court saying he feels good.
His attorney, Michael Scholl, declined to make any comments about the jury's question.
Here we go again. Day three of deliberations.
The judge has just arrived.
I haven't seen any sign of the jury, but they could already be in the jury room.
They were instructed last night to report at 9:30 a.m.
Last night ended with a question ... not a verdict.
John Ford left court saying he feels good.
His attorney, Michael Scholl, declined to make any comments about the jury's question.
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