Jury to deliberate a third day in embezzlement trial for attorney of former Carhartt leader

Jurors will return for a third day of deliberations Wednesday in the trial of Grosse Pointe Farms attorney David Sutherland, who is accused of embezzling from the trusts of former Carhartt leader and philanthropist Gretchen Carhartt Valade.

The jury has deliberated more than eight hours total between Monday and Tuesday.

It indicated in a note Monday it was deadlocked and returned to deliberate Tuesday. It indicated in a note Tuesday that it was still deadlocked and asked to break for lunch.

After lunch, Wayne County Circuit Court Judge Paul John Cusick told jurors this is not completely uncommon in a long trial with a lot of evidence, and gave jurors a standard instruction on what to do when deadlocked.

Attorney James Joseph Sullivan, left, speaks with his client David Sutherland, an attorney who has been charged with embezzling hundreds of thousands of dollars from recently deceased Carhartt heiress Gretchen Valade's trust, after an arraignment hearing at Grosse Pointe Farms Municipal Court on January 11, 2023.
Attorney James Joseph Sullivan, left, speaks with his client David Sutherland, an attorney who has been charged with embezzling hundreds of thousands of dollars from recently deceased Carhartt heiress Gretchen Valade's trust, after an arraignment hearing at Grosse Pointe Farms Municipal Court on January 11, 2023.

"Take your time, there is no rush," he told jurors, adding if there was no verdict Tuesday, they would return Wednesday to continue deliberations.

On Tuesday, the jury had two questions related to Valade's 2009 irrevocable trust and the business/entities that are a part of the trust. The trust is one of two at the center of the case.

The Michigan Attorney General's Office accused Sutherland of embezzling millions from Valade trusts when he served as trustee of them. He is charged with two counts of embezzlement over $100,000, one count of embezzlement from a vulnerable adult of $100,000 or more and one count of conducting criminal enterprises. Each charge is a 20-year felony offense, the Attorney General's Office has said.

The trial began May 15 and wrapped up Friday after closing arguments. About two dozen witnesses testified, including Sutherland, who took the stand last week.

On Tuesday, jurors asked if they had the most revised copy of the 2009 irrevocable trust. Cusick told them they did and provided them with prosecution and defense exhibits regarding the trust and the limited powers of appointment, which are revisions to the trust.

The jury's second question was what entities/businesses are a part of the 2009 trust. Cusick told them the entities/businesses are: Metropolitan Hotel (also known as 33 John R Partners), Punch and Judy (also known as DGCV and Premier Equities), St. Regis Hotel, St. Regis Apartments and G4.

Valade, a businesswoman, philanthropist and arts patron, died at her Grosse Pointe Farms home on Dec. 30, 2022. She was 97 and the granddaughter of Carhartt Inc. founder Hamilton Carhartt. Sutherland was arraigned in 2023, less than two weeks after her death.

Contact Christina Hall: chall@freepress.com. Follow her on X, formerly Twitter: @challreporter.

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This article originally appeared on Detroit Free Press: Jury remains at loggerheads in trial of Gretchen Valade's lawyer