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Jurors in the theft trial of Baltimore Mayor Sheila Dixon have gone home for the day after a third day of deliberations without reaching a verdict.  The jurors, who say they are "making progress," have deliberated about 18 hours during that time. They will resume Tuesday morning.

Mary Bubala reports the jury returned to work after a weekend off just after 9 a.m. Monday.

Around 11:20 a.m., the jury gave the judge a note. Juror #12  said they were "making great progress," but wanted a short break to "to think about their own opinion," get freah air or smoke.  The judge granted them a 15-20 minute break. Around 1 p.m. Monday, Dixon's lawyers left the courthouse during a lunch break.

Around 2:45 p.m., the jury gave the judge another note. It was a question about an exhibit that showed the distribution of gift cards to needy families. The exhibit was a flow chart compiled by Dixon aide Lauretta Brown of gift cards from 2006 when Dixon was City Council President. Brown testified during the trial that residents would call the Council President's office seeking assistance during the holidays; Brown kept track of the callers. The jury wanted to know if this was in the stricken evidence list.  The judge said it was not and the jury continued to deliberate until 4:30 p.m. when they asked the judge through a note if they could home.  He agreed. 

The jury received the case about midday Thursday. But by late Friday they sent a note to the judge saying, "Things are getting a little overheated. May we be dismissed for today?"

That was an indication that the nine women and three men may be struggling to reach a unanimous verdict.

"If the jury was close to reaching a verdict, I think they would have made an effort to stay later on Friday, rather than letting this hang over their heads over the weekend," said Andrew Levy of the University of Maryland School of Law.

On Monday, more information about Friday's note came out.  After dismissal, the foreperson sent a note to the judge asking, "Are all notes from jurors to be read by me?"  The forewoman said the last note Friday dealing with dismissal was given directly to a court representative by juror #3 and not to her.

The judge said while he has not had this come up before, any note has to go through the foreperson.  He says notes can be written by anyone, but they have to have the individual juror number on them or reflect the note is from the jury as a whole. 

"When you and I have a disagreement about something that's important, we often will become emotional.  The question is whether the foreperson and other jurors will make sure there are rules being followed about civility and respect and listen to one another," said legal analyst Doug Colbert.

Legal experts say a weekend off could help give debating jurors a fresh perspective or cause them to dig in their heels even harder.

"If there were disagreements when they left on Friday, if those views have hardened over the weekend, Monday could be a long day for them," Levy said.

Prosecutors say Dixon, who continues to run the city and go to events, used gift cards intended for the needy on personal shopping sprees. The defense says the mayor's then-boyfriend, developer Ron Lipscomb, anonymously gave Dixon gift cards for her own use, and she thought gift cards from another developer, Patrick Turner, came from Lipscomb. She's also accused of taking cards from a holiday charity event run by the city.

For a week, the state prosecutor laid out his case against the mayor, calling Turner, who testified that he bought gift cards intended for the needy. The evidence showed that the mayor used those cards days later.

Around Baltimore, many say they've heard all they need.

"Yeah she knew, she's guilty," said one person.

Dixon's lawyers argued the mayor didn't know the gift cards were intended for the needy. In closing arguments, they blasted the prosecution's case saying, "The mayor has had to endure one of the most intrusive investigations that a human being could go through to come up with what?"

Outside of the mayor's church Sunday morning, plenty see her side.

"I see her activity here in the church, and my husband and I, we pray for her every night," said Rochelle Robinson.
 
"I really hope she's not guilty because she's done a great job for Baltimore and I would hate to have something like this happen to her career," said another parishioner.

The mayor's colleagues offered their views Monday night.

"I think things are running as smooth as they can.  I don't see much difference, to be honest with you," said City Councilman Nicholas D'Adamo.

"I think they're doing a very careful, thoughtful job," said City Councilwoman Mary Pat Clarke. 

"I thought if they came back quickly, it would not be a good time," said City Councilwoman Ricki Spector.  "I think it's a very good sign for the city of Baltimore."

In an interview last week, City Council President Stephanie Rawlings-Blake said she's prepared to step in if necessary.

Both the prosecution and the defense say it's impossible to read the jury at this point.

While deliberations have stretched for several days, that is not unusual in high-profile cases.  Jurors took five days in the trial of former Senate candidiate Ruthann Aron, eight days to convict former D.C. Mayor Marion Berry and 13 days to convict Governor Marvin Mandel.

"Juries are inherently unpredictable.  Not only don't we really have any idea what is going on behind those closed doors, but frankly the jury itself may not have a clear idea of what the chances are of reaching a verdict, of whether it will be guilty, not guilty or when," Levy said.  "The thing I think is safe to predict is that the closer we get to the holiday, the more pressure there will be on the part of the jury to get this done."

If convicted of any of the five charges, Dixon could be removed from office, lose her $83,000 annual pension and face fines or jail time.

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