MANHATTAN (CN) — Jurors on Wednesday started deliberations in Donald Trump’s historic criminal trial, working for roughly four and a half hours without reaching a verdict. New York Supreme Court Justice Juan Merchan sent them home just after 4 p.m.
The 12 Manhattanites will return Thursday morning to continue deliberating.
Prosecutors accuse Trump of falsifying business records to cover up a hush-money scheme aimed at boosting Trump’s chances of winning the 2016 presidential election. If convicted, the former president could face jail time.
» Court is adjourned after counsel dukes out jury note disagreements
Attorneys stayed late to privately debate which parts of David Pecker’s testimony will be given to the jurors in response to their first note. Prosecutors and Trump’s defense attorneys dispute where parts of the relevant testimony begin and end.
The jury was long gone. Trump’s in-court posse and the press gallery both had thinned considerably. Trump sat with his eyes closed, occasionally slouching deep in his chair with his mouth open.
Merchan said he would go over the areas of disagreement and let the parties know what he decides, adjourning court for the day just before 5:30 p.m.
As Trump left the courtroom, he told reporters that the case is a “disgrace” and complained that certain witnesses weren’t called — seeming to reference his ex-finance chief Allen Weisselberg.
“A lot of key witnesses weren’t called,” Trump said. “Take a look at the list. Because of the gag order, I won’t go down into individual names, but you have a lot of big players, very big players.”
The jury will continue deliberating Thursday morning.
» Jurors ask to rehear judge’s instructions before being excused for the day
About an hour after sending their first note, jurors submitted an additional note on Wednesday afternoon asking to hear the judge's instructions once more. State law prohibits jury instructions being given to the jurors in writing, so they need to request to hear parts of, or all of, the instructions again via readback.
New York Supreme Court Justice Juan Merchan sent the jurors home for the day, and will let the jurors hear the readback Thursday morning.
» Court receives first jury note
After deliberating for nearly four hours, jurors sent their first note to the court Wednesday afternoon. They requested numerous transcripts from the testimony of David Pecker, the ex-media mogul who bought negative stories for Trump using his tabloid the National Enquirer.
Jurors also asked for transcripts from both Pecker and his ex-fixer Michael Cohen about an infamous 2015 Trump Tower meeting, where prosecutors say the “catch-and-kill” scheme was originally hatched. Pecker testified that, at that meeting, he agreed to be the Trump campaign's "eyes and ears."
“I said I would be your eyes and ears … if I hear anything negative about yourself or if I hear anything about women selling stories, I would notify Michael Cohen," Pecker said.
» Trump complains that the trial is ‘rigged’
Trump told reporters outside of the courtroom that the trial is “rigged” against him. He parroted his persistent claims that the charges were brought by Joe Biden and lambasted the court’s gag order, which Merchan imposed to protect jurors and witnesses.
"The judge is so conflicted he can’t breathe," Trump said. "He’s got to do his job. It’s a disgrace. Mother Teresa could not beat those charges. But we’ll see. We’ll see how we do. It’s a very disgraceful situation."
» Jurors start deliberating
New York Supreme Court Justice Juan Merchan handed the case over to the jury just before 11:30 a.m., leaving the fate of the former president in the hands of 12 Manhattanites.
In order to find Trump guilty, jurors must agree to two kdiey elements: that Trump “made or caused a false entry in the business records” of the Trump Organization and that he did so “with intent to defraud that included an intent to commit another crime or to aid or conceal the commission thereof.”
“If you find the people have proven beyond a reasonable doubt each of those two elements, you must find the defendant guilty of this crime,” Merchan told jurors earlier.
According to his jury instructions, in order to convict Trump, jurors need to conclude unanimously that he conspired to influence the 2016 election by unlawful means. However, they “need not be unanimous as to what those unlawful means were.”
Jurors can reach a conviction so long as they agree that Trump conspired to cover up a crime, whether it was violating federal election laws, falsifying other business records or breaking tax laws.
» Judge reads jury instructions before deliberations begin
“Members of the jury, I will now instruct on the law,” New York Supreme Court Justice Juan Merchan said Wednesday morning, reading off a sheet containing his jury instructions.
The judge stressed points that he emphasized throughout the monthlong trial. He reminded jurors that they are not to hold prejudice against Trump for his decision not to testify, and that the burden of proof is on the prosecution, not the defense.
“The defense is not required to prove or disprove anything,” Merchan said.
As Merchan spoke, Trump shifted in his chair with his eyes shut, opening them occasionally to peer at the jury. He’s the only president in American history, former or current, to stand trial on criminal charges.
Trump is facing 34 felony counts of falsifying business records. Prosecutors claim Trump asked his then-lawyer Michael Cohen to pay hush money to adult film star Stormy Daniels, then used phony business records to cover his tracks.
Merchan told jurors that, under New York State law, Cohen was an accomplice to the supposed crimes. He instructed them not to convict Trump under Cohen’s testimony alone “unless it is supported by corroborating evidence,” pursuant to state law.
“You should not surrender an honest view of the evidence simply because you want the trial to end or because you’re outvoted,” Merchan reminded the jury.
Read daily transcripts of the Trump hush-money criminal trial here. Note there is a delay of several days before new transcripts are posted.
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