Reports from the AP leaked out of the Trevor Graham trial indicating the jury leans toward 'convicting' Graham on one count, however remains deadlocked on others. To the AP:
Federal jurors deliberating the fate of track coach Trevor Graham reached a verdict Wednesday on one of three counts that he lied to investigators probing steroid use in sports, but told the judge they are "hopelessly deadlocked" on the other two.
U.S. District Judge Susan Illston read the panel instructions for a deadlocked jury and sent it back for further deliberations. Less than an hour later, the 12-person jury wrapped up their first full day of deliberations without coming to a conclusion on the other counts.
Interesting development considering the testimony presented in the media appeared to be convincing that Graham was an enabler of doping and steroid abuse from way back.
The jury was set to resume deliberations Thursday.
"I don't think the amount of deliberations so far is sufficient for the jury to be deadlocked," Assistant U.S. Attorney Jeff Finigan told the judge before she read the instructions.
The jurors began deliberations late Tuesday afternoon, meeting for about an hour before going home. Defense attorney William Keane objected to the reading of the instructions, saying they had deliberated long enough.
Graham is charged with three counts of lying to two IRS agents about his relationship with Angel "Memo" Heredia, a Laredo, Texas, discus thrower who bought performance-enhancing drugs in Mexico and sold them to many star track athletes.
In an interview in North Carolina in June 2004, Graham denied setting up his athletes with drugs obtained from Heredia, said he had never met Heredia in person and that he last contacted Heredia by phone in about 1997.
The jurors told Illston they reached an unanimous verdict on the charge relating to the phone calls but were deadlocked on the other two. If they are unable to reach a verdict on those, prosecutors can choose to retry Graham on those charges regardless of whether he is acquitted or convicted of the third charge.
The juror's 3 questions to the judge after the jump:
Earlier, jurors presented the judge with three questions.
They first asked for a definition of the word "material." The defense had argued that Graham's statements were not material to the investigations. The judge read the definition included in the jury instructions that a "statement is material if it could have influenced the agency's decision or activities."
Later, the jurors asked for a dictionary and transcripts of phone calls played during the trial. Illston rejected the request for a dictionary but jurors were given a CD player to listen to the calls.
Graham is the second figure arising from the Bay Area Laboratory Co-Operative doping scandal to go to trial. Former elite cyclist Tammy Thomas was found guilty in April of lying to a federal grand jury when she denied taking steroids.
Eight other people — including Graham's former star sprinter Marion Jones and BALCO founder Victor Conte — have pleaded guilty to various charges of drug dealing and lying to federal investigators. Jones is serving a six-month prison sentence. Another of Graham's former athletes, Tim Montgomery, was recently sentenced to four years after pleading guilty to writing bad checks. He also faces heroin distribution charges.
Not sure where you arrive at the point that "It looks as though the jury has found Graham Guilty on one count? I believe it is jumping
too quickly on whether they found him guilty or not guilty. He is likely Guilty but please remember you have a jury that does not understand the term material and you have witnesses that have lied in the investigation and a confessed drug dealer who is an imperfect witness.
Posted by: Chuck Johnson | 05/29/2008 at 08:07
I couldn't quite come up with good wording on this post. Obviously the AP found a 'leak' on the jury. As a member of a jury last last year, I know that jurors are not to discuss the issues while the trial is going on.
Posted by: GRG | 05/29/2008 at 13:12