Newly unsealed court transcripts reveal that a juror’s comments about Paul Manafort’s weak defense almost led to the judge declaring a mistrial.
According to the transcripts released Wednesday, Manafort’s defense team moved for a mistrial as it seemed some jurors had already made up their minds about President Trump’s former campaign manager.
REVEALED: The unsealed transcripts from the Manafort case.
Did certain jurors have it out for Paul Manafort?
Was the media looking at confidential documents on the counsel’s tables?
Thread. pic.twitter.com/NpRwgEnciA
— Techno Fog (@Techno_Fog) August 22, 2018
A secret hearing was held during the middle of the trial which ended Tuesday when Manafort was convicted on eight charges of financial crimes.
U.S. District Judge T.S. Ellis III questioned jurors but denied the motion for a mistrial after one juror reported on another’s comments which she felt “crossed the line.” The juror also noted that other jurors were talking about the case despite directions not to do so.
8/10: Before the Gov’t case had rested, one juror was claiming Manafort “couldn’t have much to present.”
Before Manafort had made the decision whether to present evidence. pic.twitter.com/rbHAKp9ylm
— Techno Fog (@Techno_Fog) August 22, 2018
This juror made it clear that she didn’t feel that the defense really had anything to offer for the rest of the trial.
This was 9 days into the trial. The Govt was still presenting its case. pic.twitter.com/kfLDu8tcIO
— Techno Fog (@Techno_Fog) August 22, 2018
The juror who had overhead the comments told Ellis she was worried the other juror “had essentially made up her mind regarding the case based on the information presented to her thus far,” according to the transcript.
The trial was delayed for five hours on August 10 as Ellis met privately with lawyers and left the courtroom at one point, headed toward the jury room. The judge reminded jurors several times to not discuss the case once the trial had resumed.
Judge Ellis confronts the juror who made the comment. The juror evades.
Judge: Have you made any comments that would suggest you’ve made up your mind in this case?
Juror: “No, I don’t think so.” pic.twitter.com/1RiiINP1oT
— Techno Fog (@Techno_Fog) August 22, 2018
Judge: I heard you made a comment that Manafort hasn’t presented any evidence and that you’re unimpressed by the defense.
Juror: No. I think I said “it would be a tough job.” …
Judge: “And anything other than that?”
Juror: “No.” pic.twitter.com/UVT9TYC6Vu
— Techno Fog (@Techno_Fog) August 22, 2018
The transcript showed that jurors were questioned individually by Ellis in an attempt to decide if they could remain fair during the proceedings.
How did the Court respond to this situation?
8/14: Judge proposed bringing in the jurors one by one and making sure they can do their job fairly and impartially. pic.twitter.com/MH2YbsaNtm
— Techno Fog (@Techno_Fog) August 23, 2018
One of the most controversial exchanges is in the tweet below:
Judge: Did you say “The defendant has not present any evidence and I am unimpressed?”
Juror: “I don’t recall, but I mean — what I meant was that it would be really hard to have to defend against that.”
(Editorial: She sounds like she’s lying to the court.) pic.twitter.com/c1X2XxyZX9
— Techno Fog (@Techno_Fog) August 22, 2018
Judge Ellis then has the juror understand that Manafort has the presumption of evidence, etc. pic.twitter.com/F0Y04pzBr2
— Techno Fog (@Techno_Fog) August 22, 2018
“We obviously would not agree that it’s a small thing” to have “jurors making comments on the weakness of the defense,” defense lawyer Kevin Downing said, supporting the questioning as a way to ensure Manafort was given a fair trial. The defense team had also tried to get one of the jurors removed as they believed she had not been honest in questioning, but Ellis did not grant the request.
At the same sealed hearing the Judge denies Manafort’s motion for a mistrial. pic.twitter.com/3drj5TaLP7
— Techno Fog (@Techno_Fog) August 23, 2018
8/15: Counsel for Manafort raises his motion that the juror be “excluded from the jury based on her lack of candor with the court”
The judge later denies that motion, noting the juror denials left him in a position “where I don’t know who is dishonest”
But someone was dishonest pic.twitter.com/tNGWcO7OSP
— Techno Fog (@Techno_Fog) August 23, 2018
“Mr. Manafort is disappointed of not getting acquittals all the way through or a complete hung jury on all counts,” Manafort attorney Kevin Downing told reporters after the trial. “However, he would like to thank Judge Ellis for granting him a fair trial, thank the jury for their very long and hard-fought deliberations.”
Manafort was convicted of five counts of filing false tax returns, one count of failing to report a foreign bank account and two counts of bank fraud but the jury deadlocked on other foreign bank account charges and bank fraud and bank fraud conspiracy charges, according to AP.
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