Jury in Edwards trial: “At what point do we give up and go to another charge?”

Natalie Gott

Wednesday, April 26, 2000 | 2:42 a.m.

BATON ROUGE, La. - Jurors considering whether former Gov. Edwin Edwards and six other men extorted millions of dollars from would-be casino operators asked the judge today when they can give up if they can't reach a decision.

"We are not able to reach an agreement on any of what we are working on. At what point do we give up and go to another charge?" their note said. Page 94 of the jury instructions said they needed to reach an agreement, it noted.

Edwards and his six co-defendants are accused of taking part in or aiding a series of extortion plots involving the licensing of riverboat casinos. The indictment has scores of counts.

U.S. District Judge Frank Polozola called the jurors into open court and told them they could start deliberating on any charge they want and do not have to follow the order in which they are set down on the verdict form.

"However you feel is the best way to discuss all of these charges is OK with the court," Polozola said.

He also told them that if they were not done on Friday, they could resume Monday, and did not have to work on Saturday if they did not want to.

In answer to another note, Polozola told the jurors that they could use a calculator.

On Tuesday, federal marshals removed two books, including a dictionary with the word "extortion" highlighted, from the room where jurors are deliberating the racketeering case.

Polozola called the jurors into the courtroom to tell them that they were to base their decisions on the definitions contained in the 96 pages of instructions he read them before they got the case Monday afternoon.

"Under no circumstances can you bring any other materials except what I have provided to you," Polozola said.

The jurors had sent a note to the judge, asking if they could have a dictionary.

A second book also was removed. It was not clear when the books were taken into the deliberation room, nor was it clear what the second book was, although Polozola made a point of telling jurors that they could not have a dictionary or a thesaurus.

"Keep in mind that the law that I give to you is the only law that you are to consider," Polozola told jurors before sending them back for more deliberations shortly after noon.

Edwards, his son Stephen, state Sen. Greg Tarver, state gambling board member Ecotry Fuller and three other men have been on trial since Jan. 10. The jury got the case Monday afternoon.

Jurors are expected to begin deliberations about 8 a.m. today, but they will quit early, at 2 p.m., so one of the jurors can take his wife to a doctor's appointment. The jurors also decided they will cut their lunch break from one hour to 30 minutes from now on.

While in open court, Polozola also answered another written question from jurors: "Do you become part of the conspiracy if you except extortion money along with others?"

It was unclear whether the question writer meant to write "accept" rather than "except."

Polozola responded by reading several definitions of conspiracy from his earlier instructions. Those included the passage: "A 'conspiracy' is an agreement between two or more persons to join together to accomplish some unlawful purpose. It is a kind of 'partnership in crime' in which each member becomes the agent of every other member."

Jurors filed back into open court around 5 p.m. Tuesday so Polozola could dismiss them for the day. Peter Strasser was the lone attorney at the prosecution table while each defendant, minus Bobby Johnson who is recovering at home from heart bypass surgery, and their attorneys stood at the defense table.

Only one attorney from each side is required to show up at the courthouse when the jurors are dismissed for the day. The defendants are not required to attend.

When he left the courthouse, Edwards refused requests from reporters to talk about the case, citing the gag order, but said he spent the day doing chores. He did some housekeeping, got his car fixed and "went and cashed a check before they freeze my accounts," Edwards deadpanned.

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