NEW YORK (1010 WINS/WCBS 880) – Jury deliberations began Wednesday in Donald Trump’s hush money trial, placing the outcome of the history-making case in the hands of a dozen New Yorkers who have vowed to be fair and impartial in the face of their unprecedented task.
Just hours after embarking on their closed-door discussions, the jury returned with separate notes asking to rehear testimony about the alleged hush money scheme at the heart of the case and to rehear legal instructions from the judge that are meant to guide them in their deliberations.
4:30 P.M. - Trump leaves the courtroom
Judge Merchan granted a defense request to allow Trump to return to his waiting area in the courtroom across the hall while the lawyers work on the transcript issue. However, Trump can’t leave the courthouse just yet because the judge wants him nearby in case they require his presence.
He pumped his fist as he walked past reporters but did not stop to speak.
4:20 P.M. - Judge Merchan excuses the jury for the day, ending day 1 of deliberations
Merchan said the jury can decide on its own if it wants to hear all of the instructions again, or just some, and then send him another note reflecting that decision.
He estimated that the rereading aloud of the requested testimony would take about a half hour, but he said the relevant transcript pages are still being gathered.
The jurors deliberated for 4½ hours Wednesday.
Judge Merchan said they would be summoned to the courtroom after that, once the transcript pages were ready to be reread aloud for them.
Before excusing jurors, Merchan told them that going forward they can work until 6 p.m. each day — but the decision is up to them on how long they want to go after the normal end of the court day at 4:30 p.m.
3:20 P.M. - Jury in Trump hush money trial sends note to judge asking for testimony from National Enquirer publisher, Michael Cohen
The jury has four requests. It wants to hear David Pecker’s testimony regarding the August 2015 Trump Tower meeting where he agreed to identify negative stories for Trump, a phone call he says he had with Trump about the McDougal deal and his decision not to sell the rights to McDougal’s story to Trump. The jury also wants to hear Michael Cohen’s testimony about the same Trump Tower meeting.
Judge Merchan said it would take some time to gather the requested testimony. He’ll bring jurors into the courtroom and have it read to them once the testimony is collected.
3:10 P.M. - Donald Trump returned to the courtroom after a bell rang, indicating the jury may have a note
The note’s contents have not yet been made public, but it should be read in court soon.
The jury, which is deliberating in secret in a side room, indicated it had a note by ringing a courtroom bell at 2:56 p.m., about 3½ hours into deliberations. While deliberating, juries can only communicate with the judge by note. They may involve questions such as a request to hear portions of testimony or rehear certain instructions.
3 P.M. - Stuck waiting at the courthouse, Trump sounds off on social media
Trump is continuing to complain on social media as the jury deliberates. “IT IS RIDICULOUS, UNCONSTITUTIONAL, AND UNAMERICAN that the highly Conflicted, Radical Left Judge is not requiring a unanimous decision on the fake charges against me brought by Soros backed D.A. Alvin Bragg,” he wrote. “A THIRD WORLD ELECTION INTERFERENCE HOAX!”
In fact, any verdict has to be unanimous: guilty or not guilty. If the jurors disagree, they keep deliberating. If they get to a point where they are hopelessly deadlocked, then the judge can declare a mistrial.
If they convict, they must agree that Trump created a false entry in his company’s records or caused someone else to do so, and that he did so with the intent of committing or concealing another crime — in this case, violating a state election law.
What the jurors do not have to agree on, however, is which way that election law was violated
2:30 P.M. - President Biden is focused on the American people, not Trump’s trial, the White House says
Press secretary Karine Jean-Pierre said Biden isn’t monitoring the start of jury deliberations in the hush-money case against the former president.
“The president’s focused on the American people, delivering for the American people,” she told reporters traveling with Biden to Philadelphia, where he has campaign events scheduled Wednesday. “That’s his focus.”
1:15 P.M. - Jurors will deliberate through lunch, but no court action will occur
The courtroom is shutting down for its usual lunch hour. No action will occur and no notes will be passed during the 1 to 2:15 p.m. break.
1 P.M. - Trump is waiting behind closed doors in a room at the courthouse while the jury deliberates
While there, the former president has continued making a series of posts on his social media network quoting legal commentators and political talking heads who view the case in his favor.
12 P.M. - The jury has been sent to deliberate. What exactly does that mean?
The deliberations will proceed in secret, in a room reserved specifically for jurors and in a process that’s intentionally opaque.
Jurors can communicate with the court through notes that ask the judge, for instance, for legal guidance or to have particular excerpts of testimony read back to them. But without knowing what jurors are saying to each other, it’s hard to read too much into the meaning of any note.
It’s anyone’s guess how long the jury will deliberate for and there’s no time limit either. The jury must evaluate 34 counts of falsifying business records, so that could take some time, and a verdict might not come by the end of the week.
To reach a verdict on any given count, either guilty or not guilty, all 12 jurors must agree with the decision for the judge to accept it.
Things will get trickier if the jury can’t reach a consensus after several days of deliberations. Though defense lawyers might seek an immediate mistrial, Merchan is likely to call the jurors in and instruct them to keep trying for a verdict and to be willing to reconsider their positions without abandoning their conscience or judgment just to go along with others.
If, after that instruction, the jury still can’t reach a verdict, the judge would have the option to deem the panel hopelessly deadlocked and declare a mistrial.
11:34 A.M. - Jury begins deliberating in Trump’s hush money case, weighing verdict in first criminal trial of a former US president
11:30 A.M. - Jurors leave the courtroom
The judge tells them, “In a moment you’ll begin the active part of your jury deliberations. Include the number of the note, date, and time if you have questions for the judge.”
He also informs the jury that there is a laptop with all the evidence, and Jurors 4 and 6 have offered to learn how to operate it.
The judge is now addressing the four alternates, saying, “I’m not excusing you just yet. Please remain with us; there might be a need for you at some point during the deliberations. Please continue not to discuss this case.”
10:35 A.M. - Jurors can’t hold Trump’s decision not to testify against him
The judge explained the definitions of presumption of innocence, burden of proof, and the requirement of proof beyond a reasonable doubt. He stated, “The defendant is not required to prove that he’s not guilty and has no obligation to prove anything. The burden is on the prosecution.”
More instructions on evaluating witnesses
The judge explained that there is no particular formula for evaluating a witness’s testimony. Jurors should consider whether the witness had a motive to lie, whether the witness hopes for or expects a benefit for testifying, if the witness has an interest in the outcome of the case, and if the witness has been convicted of a crime and whether it has affected the truthfulness of their testimony.
Trump is sitting slightly slumped in his seat, not looking toward the jury.
Falsification of business records
“A person is guilty of falsifying business records in the first degree when, with intent to defraud—which includes the intent to commit another crime or to aid or conceal the commission thereof—he makes or causes a false entry in the records of a business enterprise.”
10:30 A.M. - Judge Merchan has begun to instruct the jury
The jury is now in the courtroom, and the judge has begun his charge. Per the law, jurors will not receive copies of the instructions, Merchan says, but they can request to hear them again as many times as they wish.
Trump leaned back in his chair and closed his eyes as Merchan told jurors that he would take about an hour to read them the instructions.
The judge told jurors, “It is not my responsibility to judge the evidence here. It is yours. You are asked to make a decision about another member of the community.”
10:15 A.M. - Judge Merchan has taken the bench
The prosecutor points out a minor error on the 40-page verdict sheet, noting that it should reflect a check number.
9:30 A.M. - Inside the courthouse
Trump has arrived at court with his son, Don Jr. Also present are his friend and advisor Boris Ephsteyn, who has been here every day, some campaign assistants, and attorney Alina Habba. No other politicians are in attendance.
9:15 A.M. - The jury
The jury consists of seven men and five women from various parts of Manhattan, including the Upper East Side, Harlem, Hell’s Kitchen, and the West Village, according to the Guardian.
Juror No. 1 is a married man working in sales, with some college education, who gets news from sources like the New York Times and Fox News.
Juror No. 2 is a married investment banker with an MBA in finance who follows the news widely and is aware of Trump’s posts on Truth Social.
Juror No. 3 is a corporate lawyer in his late 20s or early 30s, originally from the west coast, who reads the New York Times and the Wall Street Journal.
Juror No. 4, a security engineer from the west coast, is married with children and has served on a criminal jury before.
Juror No. 5 is a young woman who avoids the news but appreciates Trump’s candor.
Juror No. 6 works in tech, is unmarried with no children, and gets news from sources like the New York Times and TikTok.
Juror No. 7 is a late middle-aged civil litigator, married with children, who follows various news outlets and podcasts.
Juror No. 8 is a retired wealth manager, married with children, who admitted to having strong opinions about Trump but can be fair.
Juror No. 9 is a woman from New Jersey, living alone, not well-versed in legal proceedings, and does not closely follow the news.
Juror No. 10 is an e-commerce worker from Ohio who listens to podcasts on behavioral psychology but doesn’t check the news often.
Juror No. 11, originally from California, watches late-night comedy shows and has a friend convicted of financial fraud.
Juror No. 12 is a physical therapist who has lived in several states before New York and listens to sports and faith podcasts.
The Associated Press contributed to this report.