Peregrine Trial – Week 15

Comments by Bob Grimes

July 17, 2007

The jury is deliberating. They asked for an overhead projector, so that they can view any of the 1,300 exhibits. Some of the jurors took notes during the testimony and also during the final arguments, and there are some exhibits that are likely to be particularly important to them. For example, there were certain e-mail chains that the Prosecution viewed as supporting the testimony of prosecution witnesses, but the Defense provided alternative explanations which the jury will have to consider. On the other hand, the Defense introduced incriminating e-mails that were limited to the inner circle of conspirators, including CEO Steve Gardner and CFO Matt Gless, on which these four defendants were not included or copied, and the jury will want to look at these as well.

This jury paid attention during long mornings and longer afternoons for three months of complicated, and at times contradictory, testimony. It is likely that their deliberations will take some time. If there is any disagreement among them regarding key testimony, it is possible that they may ask to have the court reporter read back specific portions of testimomy.

July 18, 2007

The jury continues to deliberate today. Each of the four defendants has different issues to be considered, and the jury is going to have to be careful to differentiate the evidence against the four individuals. It is hard to predict when the jury will have had the opportunity to review the exhibits and to evaluate the testimony of the witnesses, so that they can begin deliberating on the issue of guilt or innocence. When that time comes, it is likely that there will initially be some disagreement among the jurors, at least as to some of the defendants.

The jury will return tomorrow to resume deliberations.

July 19, 2007

Today the jury spent another full day deliberating. Up to this point, the jury has not made any requests for further instructions on the law or to have any testimony re-read. They resume their deliberations tomorrow.

July 20, 2007

Today was the fifth full day of jury deliberations (they deliberated a half day on July 13). Even though the trial schedule was Tuesday through Friday, the jury has decided that they will deliberate on Mondays as well. Judge Whelan recognizes the sacrifice that jurors make on long trials, and he asks them for input on what hours they want to deliberate.

The jury will return on Monday at 8:30 a.m. to resume their deliberations..

Judge Whelan instructed the jury on the law and the jury will begin deliberations next week.