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Still no verdict in FirstEnergy bribery case

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COLUMBUS, Ohio — Former FirstEnergy executives Chuck Jones and Mike Dowling will have to wait until after the weekend to find out if the jury thinks they're guilty for their role in the largest corruption scheme in state history.

For six weeks, the state has explained why they think Jones and Dowling are guilty of bribing former Public Utilities Commission Chair (PUCO) Sam Randazzo with $4.3 million to get beneficial rulings.

The defendants have also been accused of spending $61 million to help create and pass House Bill 6. H.B. 6 was legislation to provide a billion-dollar bailout for the struggling company.

"The defendants are guilty of all these charges by proof beyond a reasonable doubt," Assistant Attorney General Matthew Meyer said.

RELATED: What the jury will be deciding in the FirstEnergy corruption trial

Charges

The jury will decide on charges for each man. All are different levels of felonies.

Jones

  • Engaging in a pattern of corrupt activity — Felony 1, up to 11 years in prison
  • Bribery — Felony 3, up to three years in prison
  • Telecommunications fraud — Felony 1, up to 11 years in prison
  • Conspiracy — Felony 2, up to eight years in prison

Altogether, it could lead him to 33 years in prison if convicted. 

Dowling

  • Engaging in a pattern of corrupt activity — Felony 1, up to 11 years in prison
  • Bribery — Felony 3, up to three years in prison
  • Two counts of telecommunications fraud — Felony 1, up to 11 years in prison (22 if convicted of both)
  • Two counts of tampering with records — Felony 3, up to three years in prison (6 if convicted of both)
  • Conspiracy — Felony 2, up to eight years in prison

If convicted of all charges, he could face 50 years in prison.

Friday

"You fill out the verdict form, not guilty, you go home to your lives, and you send Chuck Jones back to his life," Rendon said during her closing argument.

The crux of the defense's case is that the payment was not a bribe, but rather a settlement agreement.

More in-depth information about each of the arguments can be found by clicking here.

But the jury has focused on a more obscure argument.

The jury has had only one question so far, referencing the definition of bribery: "Whether before or after the public servant was elected, appointed, qualified, employed, summoned or sworn."

"If that public servant has not yet applied to be a public servant, does the before in the instructions count?" the jury wrote on a piece of notebook paper on March 18.  

"All of the elements and definitions have been provided to you on this question, and it is for you to decide as a factual matter," Judge Susan Baker Ross replied.

In closing arguments Tuesday, Jones’ team argued that because the alleged bribe took place about 30 days before Randazzo was announced as a candidate for chair, Jones can’t be found guilty of corruption.

"It would be as if I decided I was going to bribe someone today, in case 15 years from now, they decided to run for public office," defense attorney Carole Rendon said. "You have to be a candidate when that promise is made."

The state said it was an absolute violation of the law.

"Imagine a world where, as long as you had a private meeting and everyone knew you were about to go up and be the governor, the chair of the PUCO, the mayor, the judge — as long as the cash lands right before you file the papers, it's okay," Meyer said.

And while this case is being deliberated, we looked into past corruption trials to see how long juries took to reach a decision.

Former Ohio House Speaker Larry Householder, who was convicted of taking FirstEnergy’s bribes, had a joint racketeering trial with former GOP leader Matt Borges. The jury deliberated for nine hours on those two charges.

Cincinnati City Councilman PG Sittenfeld faced six charges and was convicted of two, which took 12 hours.   

Tom Noe of Coingate was convicted on 29 of 40 charges, which took 24 hours. 

Former Cuyahoga County Commissioner Jimmy Dimora was convicted of 32 charges after 40 hours of deliberation.

Jones and Dowling are at 24 hours for 11 charges.

The jury is set to return Monday morning, but everything is on their timeline.

Follow WEWS statehouse reporter Morgan Trau on Twitter and Facebook.