Tuesday, December 22, 2009
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Prosecutors and defense attorneys appear to be working on a deal that would end the seven-day trial of former downtown Albany manager Don Buie, whose is facing fraud charges.
If a deal is reached, it comes less than an hour after a Dougherty Superior Court jury was directed by the judge to continue its deliberations after jury members said they could not reach verdicts in the case.
The jury members at 5:20 p.m. told Judge Denise Marshall that they could not reach a verdict. Marshall gave the jury what is known as the Allen charge, which a judge often gives to a jury that indicates it is deadlocked.
Marshall asked jurors to return to their deliberations and to scrutinize the case further.
Jurors began their deliberations Tuesday at 11:38 a.m., but were dismissed for lunch at 1:15 with deliberations resuming at 2:30.
Before being dismissed, however, jurors did send Marshall a note requesting to see state's exhibit 1, the alleged handwritten affadavit from Nicole Brown recanting an earlier affadavit she had given to local attorney and ADICA Board member Phil Cannon which prompted the investigation into former downtown manager Don Buie.
Marshall replied that because of evidenciary rules, they would not be able to see the exhibit and would, instead, have to rely upon their memory on any discussion and testimony about the document during the trial.