First day of jury deliberations in Trump New York hush money trial (2024)

6:57 p.m. ET, May 29, 2024

Key things to know from the jury's first day of deliberations in Trump's hush money trial

From CNN's Jeremy Herb,Lauren del ValleandKara Scannell

First day of jury deliberations in Trump New York hush money trial (1)

The jury in Donald Trump’s New York hush money trial finished its first day of deliberations Wednesday without reaching a verdict after meeting for more than four-and-a-half hours.

Jurors will return on Thursday morning at 9:30 a.m. ET to resume deliberations.

Wednesday afternoon, the jury asked to hear a readback of four separate parts of witness testimony, including from former National Enquirer chief David Pecker and Trump’s former fixer Michael Cohen.

Here are the pieces of testimony the jury requested:

  • Pecker’s testimony about his phone conversation with Trump in June 2016
  • Pecker's testimony about not finalizing Trump’s payment to AMI for Karen McDougal’s life rights
  • Pecker's testimony about the August 2015 Trump Tower meeting
  • Cohen’s testimony about the Trump Tower meeting

Jurors also want to re-hear Judge Juan Merchan’s instructions on the law that he had given them earlier Wednesday morning.

Here are the key things to know about those instructions:

  • Merchanspent an hour instructing the jury on the law before it started deliberations.
  • He explained the 34 felony counts against Trump for falsifying business records over the reimbursem*nt to Cohen for hush money payment to Stormy Daniels and went over the elements of the crime that jurors must decide prosecutors have proven beyond a reasonable doubt to return a guilty verdict.
  • Merchan also reminded jurors they must put aside their biases as they decide the defendant’s fate. “Remember, you have promised to be a fair juror,” the judge said.
5:35 p.m. ET, May 29, 2024

Fact Check: Trump’s false claim that the judge isn’t requiring a unanimous verdict

From CNN’s Daniel Dale and Jeremy Herb

Former President Donald Trump falsely claimed Wednesday that Judge Juan Merchan “is not requiring a unanimous decision on the fake charges against me.”

Trump made the claim in asocial media postin which he described Merchan’s supposed position as “RIDICULOUS, UNCONSTITUTIONAL, AND UNAMERICAN.” He was echoing assertions that had beencirculating among conservativesafter Fox News anchor John Robertswroteon social media earlier on Wednesday that “Judge Merchan just told the jury that they do not need unanimity to convict.”

Facts First:Trump’s claim inaccurately depicts what Merchan said.

Merchantold the jury in his instructions on Wednesdaythat their verdict “must be unanimous” on each of the 34 counts that Trump faces and that, to convict Trump of felony falsification of business records, they would have to unanimously agree that he falsified business records with the intent to commit, aid or conceal another crime — that other crime being a violation of a New York election law. But Merchan explained that whilethis New York election lawprohibits people from conspiring to use “unlawful means” to promote a candidate’s election, jurors don’t have to unanimously agree on which particular “unlawful means” Trump may have used; they can find him guilty as long as they unanimously agree that Trump used some unlawful means.

Prosecutors provided three theories of what unlawful means Trump used.Merchan told the jury: “Although you must conclude unanimously that the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you need not be unanimous as to what those unlawful means were. In determining whether the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you may consider the following:(1)violations of the Federal Election Campaign Act otherwise known as FECA;(2)the falsification of other business records; or(3)violation of tax laws.”

5:26 p.m. ET, May 29, 2024

Court is out of session

Judge Juan Merchan is off the bench, and court is out of session.

Trump is now standing to leave the courtroom.

5:27 p.m. ET, May 29, 2024

Judge to consider attorney requests on readback excerpts and says he will get back to them about disputes

Prosecutor Joshua Steinglass says the readback testimony for the jury as it stands is about 35 pages.

Judge Juan Merchan asks the parties to get the excerpt line numbers sent to him via his clerk and he will get back to them about the disputes.

The judge asked everyone to be ready to go at 9:30 a.m. tomorrow.

5:12 p.m. ET, May 29, 2024

Defense wants to keep the readback narrow to the jury's request

Attorney Todd Blanche says the defense believes they should keep the readback narrow to the request and what happened after the meeting isn’t directly responsive to the request.

Judge Juan Merchan says he understands why Blanche would be concerned over most of the portion the prosecutors want to add.

5:15 p.m. ET, May 29, 2024

Prosecutors want an extra page of testimony read back to jurors about Trump Tower meeting

The parties disagree about the excerpts that answer the third jury readback request – David Pecker's testimony about the Trump Tower meeting.

They're going over the first passage in dispute. They agree on what page and line to start but not where it should end.

Prosecutors want an extra page of testimony to include what happened after the meeting and the execution of the plan hatched at the meeting.

Prosecutor Joshua Steinglass says they tried to draw a line between the substance of the meeting and what happened afterward.

5:10 p.m. ET, May 29, 2024

Prosecutor lists transcript page numbers to be read in court for 3 of jury's 4 requests

Prosecutor Joshua Steinglass is listing the transcript page numbers that will be read for three of the four requests from the jury.

Steinglass outlines the page numbers to be read for the first two requests.

When Judge Juan Merchan asks about the third request, Steinglass says, "This is the tough one."

Merchan says to skip it for now and go to the fourth one. Steinglass then lists the page numbers for the fourth request.

5:05 p.m. ET, May 29, 2024

Prosecutor says progress has been made on transcripts but they may need judge to weigh in

Judge Juan Merchan is back on the bench.

"OK, where do we stand?" he asks.

Prosecutor Joshua Steinglass says they have made a lot of progress but there are a few issues they may need him to get involved with.

5:21 p.m. ET, May 29, 2024

Trump legal team requests expedited schedule for his gag order appeal

From CNN's Paula Reid and Nicki Brown

Donald Trump's legal team is requesting an expedited briefing schedule for his gag order appeal at the Court of Appeals, according to Gary Spencer, a public information officer for the court.

This is regarding the same preliminary appeal statement the court received last week. It has not decided whether it will actually hear the appeal or not.

“President Trump has filed a request with the New York Court of Appeals seeking expedited review of the unconstitutional Gag Order imposed by Justice (Juan) Merchan," Trump campaign spokesman Steven Cheung said in a statement Wednesday. "The Gag Order wrongfully silences the leading candidate for President of the United States, President Trump, at the height of his campaign while he holds a commanding lead in the polls.'

Separately, Spencer said the Court of Appeals has given both sides until June 5 to file written arguments about whether or not Trump has an automatic right to appeal, which he has claimed.

After those written arguments are submitted, the court will decide if it will hear the appeal — which could take weeks, Spencer said.

Trump has continued to rail against the gag order throughout the hush money trial. He has beencharged several thousand dollars in finesfor multiple violations andmade several false statementsabout its restrictions.

First day of jury deliberations in Trump New York hush money trial (2024)

FAQs

What are two things jurors should never do? ›

Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them. Don't try to guess what might happen if the case you have heard is appealed.

What happens when a jury cannot reach a unanimous decision? ›

If the jury fails to reach either a unanimous or majority verdict after a reasonable time, the presiding judge may declare a hung jury. A new panel of jurors will be selected for a retrial.

How many jury alternates are there? ›

Jury Selection:

They are randomly selected to serve on the case and, of these several dozen jurors, twelve are selected to be on the actual jury, along with two to four “alternate” jurors who are selected to potentially fill in for a juror who gets sick or otherwise becomes unavailable.

What are the two challenges used to disqualify prospective jurors? ›

When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason).

What are 3 qualities of jurors? ›

The judge determines the law to be applied in the case while the jury decides the facts. Thus, in a very important way, jurors become a part of the court itself. Jurors must be men and women possessed of sound judgment, absolute honesty, and a complete sense of fairness.

Are you free after a mistrial? ›

Criminal proceedings that end in a mistrial can result in an acquittal of the defendant. An acquittal results in a complete dismissal of the case, and the defendant can move on with their life. However, prosecutors can choose to pursue a new trial against the defendant or provide an option for a plea bargain.

What does "voir dire" mean literally? ›

The phrase "Voir Dire" literally means, "to speak the truth." In court, it refers to a process of determining whether a juror can serve fairly and impartially in a given case by asking the juror various questions.

Can a judge overrule a hung jury? ›

Judges cannot force juries to reach unanimous verdicts. In California criminal trials, a hung jury is when the jurors cannot reach a unanimous agreement as to the verdict. All jurors have to agree on guilt or innocence to render a trial complete.

What happens immediately prior to a jury beginning deliberations? ›

After closing statements by the attorneys and the judge's instructions on the law, the bailiff or court attendant will take you to the jury room for deliberations. Your first duty when entering the jury room is to select a presiding juror. The jury should carefully select a well-qualified presiding juror.

How are alternates chosen? ›

What are alternate jurors? Sometimes, when the judge believes that a case is likely to last more than a day or two, additional jurors will be chosen from those summoned for jury duty, questioned, and challenged like other prospective jurors.

What is a batson challenge? ›

A Batson challenge is a challenge made by one party in a case to the other party's use of peremptory challenges to eliminate potential jurors from the jury on the basis of sex, race, ethnicity, or religion. A trial usually begins with jury selection.

What makes a bad juror? ›

It is important to distinguish an ineligible juror from one who simply cannot be impartial due to a life experience, a strong religious belief, a loyalty to law enforcement due to a family member or friend being in law enforcement or some other factor that prevents that juror from hearing all the evidence before making ...

Is it okay to cry as a juror? ›

There are some circ*mstances in which emotion should not figure into jurors' decisions and other circ*mstances in which it should. Jurors therefore do not have to set aside their emotions entirely; rather, the law expects them to control their emotions.

Why can't jurors talk about the case? ›

It is also your duty not to form or express an opinion about the case to anyone. This means that you keep an open mind until you have heard the evidence from all sides and the case is given to the jury for deliberation. Only then may you discuss it with your fellow jurors and even then only when all jurors are present.

Can jurors talk about the case with each other? ›

You and your fellow jurors are the true triers of facts. Do not talk to others about the case. In particular, you should not talk with the attorneys, witnesses, other jurors, or anyone else connected with the case. The attorneys and the judge understand this rule.

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