As the jury in the federal trial of former Chicago Police Commander Jon Burge reconvened Monday, an expert said that the relative length of deliberations so far suggests that that the decision has not been easy.
“These are also more difficult charges,” said Shari Seidman Diamond, a Northwestern University law professor and a research professor at the American Bar Foundation. “The obvious charge against him, they couldn’t bring against him, because of the statute of limitations. This makes further complications for the jury.”
The five women and seven men left the courthouse Friday afternoon without reaching verdict. They had deliberated part of Thursday afternoon and all day Friday.
This morning the jury submitted one question to the court: Whether a defendant can take the Fifth Amendment during a civil case. Judge Joan Lefkow answered yes.
Burge is charged with one count of perjury and two counts of obstruction of justice. Federal prosecutors accuse him of lying under oath in a 2003 civil court case about acts of police torture that are alleged to have occurred in the 1970′s and 1980′s. During the trial, men testified they were beaten, burned, suffocated with bags and electroshocked by Burge or men who worked under Burge.
Around noon, Lefkow reviewed a second question. The question was oddly worded, but the jury seemed to ask whether an answer counts if the defendant objects to the question before answering it. Burge signed written answers to interrogatories in the civil case. He objected to some of the questions before answering them. Lefkow said an objection would not preclude the rest of the response.
Prosecutors could not charge Burge with assault or attempted murder because the statute of limitations expired. He and his subordinates never faced charges decades ago.
Diamond said the jury would likely spend time reading the jury instructions and reviewing exhibits.
“In the more complicated cases, frequently the jury will spend a good deal of time going over the documents and doing a variety of things before they even take a vote,” she said.
During the month-long trial, some jurors looked bored and sleepy. One woman traced her hand on her notebook.
Diamond said that jurors can be listening intently, even if they are doodling. Sleeping is a problem, however, because jurors are missing information, Diamond said.
If a jury cannot reach an agreement on any of the counts, Burge could be tried again, unless there is a plea or dismissal