Jul.12, 2010, 8:30 a.m.
VERO BEACH — Ira Hatch could learn his fate as early as today as the jury is expected to continue deliberations this morning in a trial that is entering its eighth week. The jury in the theft and money laundering case began deliberating Friday morning but didn’t reach a verdict, so they were instructed to return today.
After four alternate jurors were dismissed Friday morning, the panel of three women and three men got to work in the jury room.
About 10 minutes into deliberations, the jury phoned Senior Judge James Midelis, asking for an adding machine with a paper ribbon. In determining the theft counts, the jury is required to tally up the losses of Hatch’s alleged victims.
After discussion in court, Midelis ruled jurors could use such a machine in their deliberations and one was found for them.
Hatch remained seated in the courtroom after the jury was sent out, but after about 30 minutes, a bailiff told him he could not stay. He was escorted to a nearby holding cell.
After lunch, defense lawyer Gregory Eisenmenger made an impromptu motion for a mistrial. Eisenmenger said he learned that during the lunch break, a bailiff told Midelis the jurors wanted to take a short break. The judge answered that they could do so.
Eisenmenger argued essentially that Midelis’ actions amounted to improper contact with the jurors outside the presence of the defendant and his attorney.
Prosecutors strongly disagreed and Assistant State Attorney Lev Evans said their legal research showed nothing improper had occurred and with that, Midelis denied the mistrial request.
He also seemed to be put off by the matter, and noted he did nothing more than tell the bailiff to alert jurors they could take a requested break.
“Since it was between 12 and 1 o’clock today and both counsel were given a one-hour recess,” Midelis noted in court, “I thought it was appropriate to tell them ‘yes,’ they could take a 15-minute recess.”
Hatch was arrested in 2008 after authorities accused him of stealing more than $4 million in client money from his law firm and his former business, Coastal Escrow Services.
He has pleaded not guilty to the 45 charges being deliberated by the jury.