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Day Five And No Verdict In NRA Trial Yet

According to posts by Erik Uebelacker and Rachel Scharf, the jurors in the NRA’s New York trial have requested the transcript of Woody Phillips’ testimony. They still have not rendered a verdict as earlier this afternoon.

We do know however what they had for lunch!

NRA Update – Jurors have been deliberating for the past five days. Still no verdict.

We just got another note from the jury. They want a transcript of Woody Phillips' testimony.

Verdict today? I hope so. FWIW, the jurors were bought Chipolte for lunch today. pic.twitter.com/YMsDaUW2h4
— Erik Uebelacker (@Uebey) February 22, 2024

One person asked what is taking so long. Uebelacker responded that this is a complicated case and I would agree. As he notes, it is like four trials in one. You have the NRA plus the three individual defendants.

As my friend Danny the Mac humorously noted, if the jurors are getting paid by their employers plus the court stipend plus lunch, why not wait until after lunch on Friday to render a verdict. He’s got a point.

UPDATE: Rachel Scharf has this on jurors’ request for more info.

An indication that a verdict will NOT come today: the jury just sent a note requesting testimony transcripts from 3 witnesses, specifying "is it possible that this could be ready in the morning?"
— Rachel Scharf (@rscharf_) February 22, 2024

UPDATE II: According to a tweet by Erik Uebelacker, the three witnesses that Rachel Scharf references above are Charles Cotton, David Coy, and Sonja Rowling. Presumably, the attorneys for both sides will need to examine these transcripts before Judge Cohen releases them to the jurors.

That said, I find it very interesting that the jurors want to re-examine the testimony of the chair and vice-chair of the Audit Committee (Cotton and Coy respectively). Moreover, I understand that Coy is chair of the Finance Committee. With the addition of Rowling to the mix it would seem they are interested in improper expenditures and who approved them.

Tomorrow May Be The Day When The Jury Returns

Since I’m not in New York and since the state refuses to televise trials, I have been relying upon the reports of others with regard to some aspects of the NRA trial. Documents that have been filed I can access but I can’t see what is happening in the courtroom.

For the day to day reports on witnesses and the arguments from both sides, I have been depending upon NRA Watch. I do realize that it is a tool of Bloomberg’s Everytown but it has fairly reported courtroom proceedings. Other sources such as Courthouse News Service, NRA In Danger, and Stephen Gutowski’s The Reload have been very good but not quite as up to date.

Twitter or X has been very helpful in following the trial since the closing arguments and the case has been sent to the jury. Erik Uebelacker (@Uebey) has been very good. A new source I discovered today, Rachel Scharf of Law360, has been even better.

Here are a couple of her posts from earlier today:

Day 3 of delibs in the NRA trial. Justice Cohen decides NOT to grant the jury's request for a digital transcript. He says this "seems perfectly reasonable" but is wary of lawyer infighting teeing up an appellate issue.

"I’m frankly not interested in taking that risk," says Cohen
— Rachel Scharf (@rscharf_) February 21, 2024

Another day with no verdict. See you tomorrow.
— Rachel Scharf (@rscharf_) February 21, 2024

Given this tweet by Erik Uebelacker, I think we are getting close to the end of the jury’s deliberations. They may have skipped around but my gut tells me that they have been taking each item in order.

Three days in, and still no verdict in the NRA trial.

But the most recent jury note today dealt with Question 9(a) and 9(b).

That’s on Page 15 of 17 on the verdict sheet. Of course, the jury could be skipping around, but it’s a good sign that we’re nearing the end.

🏁🏁🏁 pic.twitter.com/18wDFtNR0u
— Erik Uebelacker (@Uebey) February 21, 2024

I also received a text from Judge Phil Journey who also expects a decision as soon as tomorrow. Given his experience as a trial judge, I’d say he has a good feel for how juries behave.

I’m not making any bets on what the jury will return. They have asked for all the exhibits, have sent multiple notes to Judge Cohen including one that asks the meaning of “monetary harm to the NRA”, and a computer with trial transcripts. With the exception of the last item, I believe that have gotten what they have requested. This leads me to believe that they are doing their due diligence, examining every charge carefully, and are working hard to reach the various verdicts fairly. I don’t think anyone will be able to say that they didn’t do their jobs.

So, with any luck, we will see the jury return with their verdicts sometime tomorrow. I plan to keep checking Twitter throughout the day and will report if I hear anything.