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.
Thursday, April 26, 2007
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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