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July 4, 2000

Day 3 of deliberations in the Allen Blackthorne trial meant plenty of pacing, a steady stream of speculation but still no verdict.

Federal Judge Ed Prado relaxed the courthouse's normally strict rules to allow cell phones and snacks on the third floor. It didn't help. Bellush family members, the media, even the federal marshalls want this trial to end.

The jury started deliberating at 9 a.m. sharp. Forty five minutes later the first sign of communication from behind closed doors ... Jury Note #9. It shed little light on the outcome of their pending decision. In fact this note only added to the mystery.

It read, "What are the rules of discovery concerning evidence - for the defense? Does the defense have to give the prosecution all th evidence they have?" U.S. District Judge Edward Prado told the jury such issues are "matters for the court, you are to consider only the evidence before you."

Later, Prado speculated the note could mean the jurors are taking issue with some of the defense exhibits entered in as evidence in the case. Truth is we may never know.

The stressful, dull day brought one bright moment. The judge reserved a room at El Mirador restaurant and asked about 30 journalists to join him for lunch.

Despite criticsm by some Bellush family members, Prado stood by his decision not to sequester the jury over the weekend or again on July Fourth. A holiday he already agreed to give them off with plans to return to deliberations on Wednesday.

The 16-year veteran talked about the strict rules jurors must follow. For example, marshalls told one juror he couldn't take smoke breaks. Prado agreed to a compromise. A 10-minute break every couple of hours.

So with marshalls standing guard watching, the panelist puffs away now complaining the intimidating presence of the marshalls makes him even more nervous. If the jurors want to work late on the case the marshalls weren't letting them call home to notify their families. Prado told the marshalls to relax.

And what is Blackthorne doing while we socialize, his wife smokes outside the courthouse, and his lawyer Richard Lubin spends time with his visiting wife and young son on the third floor. Blackthorne is sitting ... sitting on a narrow, metal bench in a 10 by 20 holding cell. Marshalls don't allow him a book or any magazines. He just waits and wonders.

For Bellush family members the wait is almost unbearable. They can't imagine a jury even considering freedom for the man they call a murderer. Maureen Blackthorne sees it differently. She says, "I'll come every day for a month if it means an acquittal." Both sides split from the courthouse around 6:30pm. Then in a surprise move, literally on the way to the elevator the jury decided to give it one more shot. Apparently the panel of eight men and four women wanted to work late anyway but one juror couldn't get a ride home, so another juror offered to help and they returned to the jury room for another two hours of debate on Blackthorne's future. Already winding down in my hotel room, I rushed back to the courthouse along with most of the media.

Thank goodness for Judge Prado. He opened his courtroom up as our playground. We ordered pizzas, took pictures with Prado behind the bench. The judge blasted Salsa and Frank Sinatra music from his 29-speaker sound system. Reporters took the opportunity to sit in the jury box, offer their own testimony from the witness stand and start to feel at home in the very arena that had become our daily meeting place.

At 9 o'clock, 12-hours after they had started the jury decided to finally adjourned as it wrapped up its 21st hour of deliberation. Prado did tell us the jurors felt that if they worked late tonight, they could most likely reach a verdict on Wednesday. I hope so. It feels like someone keeps adding a page to the very end of a good book.

Plus I'm homesick.

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