Nov 19, 2009 11:15 pm US/Eastern
Jury Sent Home After Day 1 Of Dixon Deliberations
BALTIMORE (WJZ/AP) ―
The jury has been sent home after the first day of deliberations in Mayor Sheila Dixon's trial.
The panel of nine women and three men got the case around 12:30 p.m. Thursday after hearing closing arguments from the prosecution and defense. Around 3 p.m., the jury was back in court with a question. They wanted a transcript of all witness testimony for the prosecution and the defense. The judge told the jury that was not available and to rely on their notes and their recollection of the testimony.
Around 4 p.m., a juror buzzed the judge. One member of the defense team and one member of the prosecution met behind closed doors with the judge. Juror #10 wanted to know the legal definition of the word "misappropriation." In a separate note from jurors #1 and #10, the jury also wanted to know if misappropriation had to happen over a specific time period. The judge decided at that point to rule on that question in the morning. Shortly after that, the jury was sent home until 9 a.m. Friday.
"I think there's a very good chance this jury will be considering the evidence for some substantial period of time," said Doug Colbert.
After the judge let the jury go, jurors buzzed the judge again with another note. Judge Dennis Sweeney told them he couldn't legally entertain their question since court had been dismissed for the day, and told them to "go away."
In closing arguments, Shelly Glenn, the senior assistant state prosecutor, said the case is "simple." She recounted the testimony from developer Patrick Turner, who testified Dixon called him in 2005 about donating gift cards for the needy. Those cards were later used by Dixon.
"It's almost as if she is phoning in her order," Glenn said.
Prosecutors say Dixon used gift cards for the needy on personal shopping sprees.
In a packed courtroom, Glenn also used images of merchandise, store receipts and other documents to show how investigators traced purchases that Dixon made at Best Buy and Target to the Turner gift cards.
Some of the merchandise, including a video camera, was later found in Dixon's home.
The defense argues Dixon thought gift cards from Turner came from developer and ex-boyfriend Ron Lipscomb.
"She can't win with [the prosecutors]. If there is any transaction, it has to be criminal," said Arnold Weiner's, Dixon's defense attorney. "I ask with all sincerity in me to return a verdict of not guilty and end this nightmare."
Weiner drew applause from Dixon supporters and occasional laughter from the crowded gallery Thursday as he called the state's case thin. Judge Sweeney admonished the crowd about the applause.
"Really the ultimate compliment for a defense lawyer, to have the gallery applaud when you're finished and that's the one time they got a rise out of Judge Sweeney, who admonished the gallery, not to remonstrate like that," said Andrew Levy.
Levy says the prosecutor was no slouch either, laying out facts and figures methodically and not letting courtroom outbursts get in their way.
"He did as a public corruption prosecutor is supposed to do. He said, `This isn't about me. This is about the people of Baltimore, who have a right to integrity in their public officials,'" Levy said.
Weiner described Dixon as an honest woman of faith and dedication who received hundreds of dollars worth of Target and Best Buy gift cards as an anonymous personal gift.
"She has had to endure one of the most intrusive investigations that a human being could go through, to come up with what?" Weiner said.
State prosecutor Robert Rohrbaugh gave the state's rebuttal.
"Good people sometimes do bad things. I don't care if you are the lowest level city employee or the mayor, people are treated equally under the law," he said. "The fact remains she stole gift cards. The evidence before you suggests the verdict must be guilty. This case is about the citizens of Baltimore, the children of Baltimore. They expect and demand integrity of their public servants."
The jury is deliberating over a week of testimony and evidence, much of which was excluded with the dismissal of two counts involving Lipscomb.
Dixon and Lipscomb did not testify, but they could both take the stand at the mayor's perjury trial next spring.
Dixon arrived in court Thursday shortly before 9 a.m. She said "good morning," but did not respond to many questions. Weiner said he is confident and believes they have a "strong argument to make to the jury." The session began with a bench conference around 9:25 a.m.
The judge spent more than half an hour instructing the jury about how to decide the remaining five counts against Dixon. A foreperson was chosen for the jury. She is an African-American woman known as "Juror 4." The alternates for the case have been dismissed.
The defense rested in Mayor Sheila Dixon's theft trial Wednesday.
Rev. Frank Reid of Bethel AME Church, which Dixon attends, was one of four defense witnesses to testify. On the stand, Reid called Dixon honest.
Also testifying was a city florist. He talked about how Lipscomb purchased flowers for her.
After the defense rested, the jury was sent home. A defense motion for a mistrial due to lack of evidence was denied.
Dixon faces five counts after the judge dismissed two earlier this week. They dealt with the gift cards Dixon received from Lipscomb. The judge found that it was unclear whether the gift cards were intended for the needy or the mayor.
Testimony from six witnesses, including Randell Finney--who was Lipscomb's assistant--and several city employees was thrown out. Testimony from Circuit City and Old Navy employees were also thrown out.
These developments all came as the prosecution rested in the case and Lipscomb did not testify. Lipscomb was expected to be a star witness for the prosecution, but some thought his testimony may do more harm than good.
Arnold Weiner told
WJZ that the absence of Lipscomb's testimony leaves a "gaping hole" in the prosecution's case against the mayor. Weiner was planning to argue Lipscomb lavished the mayor with gifts during their affair and that the mayor thought the gift cards were for her to use as she saw fit.
The only charges left against Dixon relate to gift cards from Turner and the annual Holly Trolley charity event.
Of the five counts that remain against the mayor, because of the way the indictment was written, she likely won't be found guilty of all of them.
"You lay this big thing in front of the jury, this is our case, this person is gonna testify, this is the worst case in the world. We've been in three years in the making of this case. We're going to give you all this evidence, and then nothing appears," said A. Dwight Petit, legal analyst.
Jurors will be instructed that finding the mayor guilty of count one--the only felony--that she outright stole gift cards from developer Patrick Turner means they can't find her guilty of count four, fraudulent misappropriation of those same gift cards. In that count, prosecutors claimed she received Turner's donated gift cards on behalf of the city for needy children, but instead used them for herself.
A guilty finding on both counts would create an inconsistent verdict.
"We filed motions addressing those counts, and the judge is going to be giving some instructions relating to them," said Weiner.
The verdict isn't in yet, but the citizens of Baltimore have already reached their decision--and many of them think that she's guilty.
"I say she's guilty," said one.
"I think she needs to account for what she's done," said another. "Gift cards for children and other people--she shouldn't have taken and abused that privilege."
"I think she's an elected official. We put our faith in her and we should stand behind her," another said.
"She knows what she did and she's got to pay the consequences," a city resident said.
"I was homeless at one time and she gave me a home. I don't think she did anything wrong at all," a man said.
If convicted of any charge, Dixon could be removed from office, lose her $83,000 annual pension and face fines or jail time.
(© 2010 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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