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July 5, 2000

Jurors spent another 10 hours behind closed doors Wednesday but still no verdict. U.S. District Judge Ed Prado did tell waiting media the jury told him they "were making progress." After four days and nearly 31 hours of deliberations, I would hope so.

A single note emerged from the jury room yesterday. It read, "Can have instruction on 'state of mind'?" The sentence's grammatical imperfections follows days of misspelled words and poorly composed questions. This is a simple jury working hard to determine the fate of Allen Blackthorne and its obviously taking its job very seriously in the face of constant criticism for its laborious nature and yet child-like character. Remember a retired rodeo clown leads the group as foreperson.

Prado answered the note by saying, "State of mind means 'intent' or 'knowingly' as those terms have been used in these instructions." The 35 page jury instruction packet refers to state of mind at least twice, each time telling the jurors it can consider allegations made by Sheila Bellush against Blackthorne before her death and testimony that Blackthorne allegedly threatened Bellush ... the jury can consider these when determining "whether the Defendant had the state of mind or intent necessary to commit the crimes charged in the indictment, or whether the Defendant had a motive to commit the act charged in the indictment." The act, of course, is murder.

Those waiting on the third floor of the San Antonio Federal Courthouse speculated this was a sign. Jurors had now moved past investigating the testimony to working on jury instructions. Others argued the question possibly proved something simpler, jurors were either splitting hairs or split amongst themselves on whether Blackthorne is guilty of murder or merely guilty of interstate domestic violence. In other words if Blackthorne actually ordered the killing of Bellush. I feel if they find him guilty of one they must find him guilty of the other.

Bellush's mother, Gene Smith, brought a fresh batch of homemade fudge for everyone. It was amazing! She claims her baking success is the result of two things, she either makes the fudge with love for her supporters or "beat it with hate for Blackthorne." Meanwhile, Maureen Blackthorne also waited and the two sides kept a safe distance.

Prado opened his courtroom to the public and dropped down his big screen monitor for a special showing of the movie, "My Cousin Vinny." It helped pass the time until 7 o'clock when another note emerged. A request to adjourn. Still no verdict.

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