Andrew Gillum trial live updates: The road to a mixed verdict - not guilty and a deadlock
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FULL STORY AND ANALYSIS HERE: Verdict: Gillum not guilty of lying to FBI as jury deadlocks on other charges
After struggling to find common ground, jurors have determined Andrew Gillum is not guilty of lying to the FBI while they deadlocked on other charges.
For days, consensus has evaded the jury in the public corruption trial of Andrew Gillum and Sharon Lettman-Hicks, which saw its fifth day of deliberations Thursday at the federal courthouse in Tallahassee.
The 12-person jury told U.S. District Judge Allen Winsor on earlier Tuesday that they had reached consensus on one count, but were deadlocked on the others against the former Tallahassee mayor and his political adviser. On Wednesday, however, they asked for more office supplies and paper copies of the evidence, which Winsor said was a sign of progress.
Gillum and Lettman-Hicks were indicted last June by a federal grand jury on conspiracy and wire fraud charges for allegedly routing campaign contributions from big donors and grant-making organizations through her firm, P&P Communications, and ultimately to the former mayor for his personal use.
Gillum also is charged with one count of making false statements to the FBI about gifts he allegedly got from undercover FBI agents in New York. Jurors earlier told Winsor they had reached a decision on that charge.
Here are the latest developments in the case.
CHRONICLING THE CASE
Day 1: Jury selected, possible witnesses and an appeal to raise $1M
Day 2 opening arguments: Money as a motive or forcing the evidence?
Day 3: How agents confronted mayor at Cascades; Adam Corey's moment
Day 4: Why the feds delayed charging Andrew Gillum and the money trail
Day 5: Prosecutors trace money trail from 'urgent request' for $250K
Day 7: Campaign operatives testify they weren't aware of P&P get-out-the-vote efforts
Day 8: Feds home in on 'Hamilton' ticket disconnect, 'abnormal' money trail
Day 9: Prosecutors and defense rest; former mayor opts not to testify
Day 10: Jury wraps deliberations for the day as closings paint dueling portraits of Andrew Gillum
Decoding the indictment ABCs: Guide to the people, organizations in Andrew Gillum trial
4 p.m.: Retrial coming as federal prosecutors vow to try again
Assistant U.S. Attorney Gary Milligan II said the government will retry Gillum and Lettman-Hicks on the conspiracy and wire fraud charges. Outside the courthouse later, defense attorneys urged the government to reconsider.
3:35 p.m. Gillum not guilty of lying to the FBI
Jurors have found former Tallahassee Mayor Andrew Gillum not guilty of lying to the FBI about a “Hamilton” ticket and other gifts he got from undercover FBI agents in New York.
But they deadlocked on the most serious charges against Gillum, the 2018 Democratic nominee for governor, and Sharon Lettman-Hicks, his co-defendant and longtime political adviser, involving the misuse of campaign funds. The 12-person jury, which rendered its decision Thursday, was unable to reach consensus on one count of conspiracy and 17 counts of wire fraud against them both.
3:08 p.m. Verdict is in
After struggling to find common ground, it seems the jurors have finally reached a verdict. It will be read to the court soon.
12:20 p.m.: Judge issues Allen charge in effort to break jury deadlock
U.S. District Judge Allen Winsor gave jurors a special instruction known as an Allen charge designed to encourage them to keep trying to reach a verdict on conspiracy and wire fraud charges.
It's not entirely clear what all is contained in the Allen charge, which Winsor did not read in its entirety in open court.
David Markus, an attorney for Gillum, objected to language that mentioned how "expensive" it would be if there's a mistrial. Assistant U.S. Attorney Gary Milligan II also mentioned wording in the Allen charge referencing a retrial.
Judges have discretion in the writing of Allen charges. The most strongly written Allen charges are known as "dynamite" charges because they can "blast" a verdict out of hung juries. In the 11th Circuit, all Allen charges are considered "dynamite" charges because of the strong language they contain.
Winsor delivered the Allen charges to the jury via a two-page note rather than bring the jury back in to read it aloud to them. Both the government and defense agreed to that.
Jurors indicated they reached a verdict on only one count, against Gillum alone for making false statements to the FBI. It's possible the jury will deliver a verdict on only that count, which would likely lead to a mistrial on the others.
"The concept is this is the end of the road if that's all they can do," Winsor said.
The Allen charge used in the 1th Circuit notes that jurors are weighing evidence in "an important case."
"The trial has been expensive in time, effort, money and emotional strain to both the defense and prosecution," the 11th Circuit instruction says. "If you fail to agree on a verdict, the case will be left open and may have to be tried again. Another trial would 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."
11:20 a.m. update: Judge, lawyers meeting individually with jurors behind closed doors
U.S. District Judge Allen Winsor is meeting behind closed doors with jurors and lawyers on both sides after one of the jurors asked this morning to talk with the judge privately.
The juror in question asked a court security officer this morning to tell the judge they wanted a private meeting.
"The juror wanted to speak with me," Winsor said, "but felt precluded by other jurors from sending a note."
A bit later in the morning, the jury sent a note to Winsor saying they were deadlocked on all counts but one.
The latest drama comes a day after deliberations were disrupted by the discovery that a juror had posted selfies outside the federal courthouse along with comments about how long deliberations are lasting. After much discussion and strategizing with attorneys, Winsor allowed the juror to continue on the case.
A day before that an abrupt move by the jury to recess at 3:30 p.m., well before the normal daily quitting time, raised eyebrows by the judge and attorneys.
11 a.m. update: Jury says it's hung on all charges but one
The jury sent a note to U.S. District Judge Allen Winsor this morning saying it was unable to reach a decision on all counts in the indictment except one.
"There's been a verdict as to one count but not the others," Winsor said.
Jurors sent a similar note to Winsor on Tuesday, prompting the government to call for an Allen charge. Judges issue Allen charges to with new instructions designed to encourage deadlocked juries to keep working toward unanimity.
Gillum trial deliberations Day 4: 'Things have not unfolded in the normal way' with the jury
Contact Jeff Burlew at jburlew@tallahassee.com and follow @JeffBurlew on Twitter.
This article originally appeared on Tallahassee Democrat: Andrew Gillum verdict: Not guilty of lying to FBI; deadlock on other charges
