The federal fraud trial of former D-Day president Richard Burrow has come to an end without a verdict.
After six days of testimony, it took the jury less than three hours to realize they were never going to agree whether Burrow was guilty or innocent of fraud.
Seven wanted to acquit Burrow... five thought he was guilty of some financial misdoing.
So the judge declared a mistrial and both sides now face the possibility of having to do it all over again.
Steve Smallshaw has the story.
(///// SOT /////)
[IN Q=Hours of testimony]
[SUPER=01-James Lee/Jury Foreman; :47]
[SUPER=01-John Brownlee/U.S. Attorney; 1:14]
[SUPER=01-Richard Burrow/Former D-Day President; 1:30]
[SUPER=01-John Lichtenstein/Defense Attorney; 1:43]
[OUT Q=News7, Lynchburg.]
(( Hours of testimony and reams of evidence ended with the five-man, seven-woman jury as unsure of Burrow's guilt as they were when the case started a week ago.
The government had worked hard to prove Burrow misled the state and a local bank into loaning the D-Day foundation millions of dollars. Burrow claimed he acted in good faith and on sound legal advice as he struggled to find the funds to build the Bedford war memorial in time for its dedication in June of 2001.
Just two hours into their deliberations, the jury told Judge James Turk they were deadlocked and couldn't reach a verdict.
Turk sent them back to try again, but jury foreman James Lee said it was clear from the outset that deliberations were going nowhere.
((JAMES LEE/JURY FOREMAN: AND WHEN WE FIRST WENT INTO THE JURY ROOM, THE FIRST THING PEOPLE SAID, SITTING DOWN, WE TOOK A VOTE RIGHT AWAY OF COURSE, AND RIGHT THEN THEY WERE SAYING I'M NOT CHANGING MY VOTE, I'M NOT CHANGING MY VOTE. AND WE HAGGLED FOR WHAT, THREE HOURS? WE COME BACK OUT, THE JUDGE INSTRUCTED US AGAIN, AND WE COME BACK OUT, SAME THING. IT WAS NOT GOING TO CHANGE ANYBODY'S MIND.))
[OUT Q=change anybody's mind.]
So a mistrial was declared, leaving both sides back at square one.
The government, while confident of its case and the way it was prosecuted, must now decide whether to try again.
((JOHN BROWNLEE/U.S. ATTORNEY: WE'RE GOING TO GO BACK AND WE'RE GOING TO LOOK AT THIS CASE AND WE'RE GOING TO RE-EVALUATE IT AND WE'LL INFORM THE COURT WHAT THE GOVERNMENT INTENDS TO DO.))
[OUT Q=intends to do.]
For Burrow, the end may just be the beginning of another long legal battle to clear his name and restore his reputation.
((RICHARD BURROW/FORMER D-DAY PRESIDENT: I'M NOT GUILTY. THEY CAME AFTER ME WITH THEIR BEST CASE. WEDNESDAY THEY HAD SEVEN ATTORNEYS IN THAT COURTROOM AND THEY CAME AFTER ME AND I'M NOT GUILTY.))
[OUT Q=I'm not guilty.]
((JOHN LICHTENSTEIN/DEFENSE ATTORNEY: THERE'S NO CONVICTION HERE, HE IS NOT GUILTY, THERE'S NO FINDING AGAINST HIM ON ANY CHARGE AND OBIVIOUSLY AFTER YOU GO THROUGH WHAT HE'S BEEN THOUGH, THERE'S ONLY ONE BETTER PLACE TO BE.))
[OUT Q=place to be.]
((That better place, of course, is an acquittal on all charges. Lichtenstein says he hopes the government takes some time to reflect on its case and choose not to prosecute Burrow again. U-S Attorney John Brownlee says he expects to make a decision about that in a couple of weeks. Steve Smallshaw, News7, Lynchburg.))
[OUT Q=News7, Lynchburg.] ))
Though there is still the possibility that Brownlee will re-new the charges against Burrow, many of those who worked with him on the D-Day Memorial hope that won't happen.
Former Foundation Board Members were disgusted when the criminal case first came up last June.
One scoffed at the government's case against Burrow as a waste of time.
(///// SOT /////)
[IN Q=This just didn't]
((NORMAN ELMORE/FORMER FOUNDATION BOARD MEMBER; THIS JUST DIDN'T HAVE TO HAPPEN. RICHARD IS A DEDICATED LEADER OF OWN EFFORT TO ESTABLISH A MEMORIAL TO OUR D-DAY VETS IN BEDFORD AND IT WAS DONE. HE DID IT.))
[SUPER=01-Norman Elmore/Former Foundation Board Member]
[OUT Q=he did it.]
Elmore says the Memorial would not have been built had it not been for Burrow.
Though the government argued the board was duped by Burrow, former Board Chairman Bob Slaughter says that's simply not so.
(///// SOT /////)
[IN Q=And I know]
((BOB SLAUGHTER/FORMER FOUNDATION CHAIRMAN; AND I KNOW RICHARD IS NOT A CROOK. RICHARD HAS SUFFERED ENOUGH.))
[SUPER=01-Bob Slaughter/Former Foundation Chairman]
[OUT Q=suffered enough.]
It may be several weeks before Burrow knows whether he'll be tried again.
Republican Senators are meeting next month to decide whether Trent Lott should remain their leader.
Senator George Allen says he supports the meeting, while Senator John Warner says Lott deserves a fair chance to prove he's sorry.
Lott said just that last night on Black Entertainment Television, asking forgiveness for remarks that seemed to support segregation in the past.
He denied he's a racist, and promised to help push initiatives for minorities.
Attorney General Jerry Kilgore wants to make it clear that illegal immigrants are NOT eligible for in-state tuition at Virginia's colleges and universities.
Earlier this year, Kilgore issued a memo urging the state's schools to deny admission to illegal aliens.
He also advised that it is against Virginia law to grant them in-state tuition rates.
Kilgore is submitting legislation to clarify that point.
[IN Q=IT IS OUTRAGEOUS]
((ATTORNEY GENERAL JERRY KILGORE: IT IS OUTRAGEOUS THAT IN THESE TOUGH ECONOMIC TIMES WHEN TUITION IS BEING RAISED ON STUDENTS AND FAMILIES THAT THOSE WHO ARE BREAKING OUR LAWS BY BEING HERE ILLEGALLY ARE RECEIVING TAXPAYER FUNDS AND POTENTIALLY TAKING A SPOT AWAY FROM A VIRGINIA STUDENT.))
[OUT Q=FROM A VIRGINIA STUDENT.]
Kilgore says the average in-state college student in Virginia receives a subsidy of over six thousand dollars from taxpayers.
The attorney general is also proposing legislation to deny state driver's licenses to illegal immigrants.
At least seven of the 19 terrorists of September 11th held fraudulent Virginia driver's licenses.
In business news, Wall Street opened the week with a win as bargain hunters snatched up discounted stocks.
Ed Crane has that story and more in this morning's Marketwatch.
[SUPER=01-Ed Crane/Reporting; :00]
[OUT Q=I'm EC, CBS Marketwatch, NY.]
((WITH A FEW TRADING DAYS LEFT TILL CHRISTMAS THE BUYERS HAVE BEEN OUT IN
FORCE, GOBBLING UP BLUE CHIP AND TECH STOCKS THAT HAVE FALLEN IN PRICE OVER
THE PAST TWO WEEKS
MONDAYS TRADING VOLUME WAS LIGHT, BUT THE RESULT WAS POSITIVE:
THE DOW GAINED 193 POINTS CRUISING BACK ABOVE THE 8500 LEVEL,
THE NASDAQ PICKED UP NEARLY 38 TO CLOSE JUST ABOVE 1400.
WHAT WE'RE SEEING NOW IS THE APPARENT MOVEMENT OF MONEY FROM BONDS BACK
INTO STOCKS AND THE SPRUCING UP OF PORTFOLIOS BY MUTUAL FUND MANAGERS.
WALL STREET ANALYSTS HAVE BEEN HELPING TO MOVE STOCKS HIGHER. LEHMAN
BROTHERS SAYS IT'S BOOSTING IT'S EQUITY HOLDINGS FROM 39 TO 50 PERCENT
AND MERILL LYNCH HELPED JUMP START TECH STOCKS BY PUTTING HEWLETT PACKARD ON
IT'S FOCUS LIST.
SHARING IN THE TECH RALLY, INTEL, MICROSOFT, ORACLE.
TELECOM STOCKS GOT A BOOST FROM SBC, IT WAS UP ABOUT 5 PERCENT ON
SPECULATION IT WILL BE ABLE TO SELL LONG DISTANCE SERVICE IN CALIFORNIA.
COMPETITORS ALSO DID WELL, INCLUDING VERIZON AND BELL SOUTH.
DESPITE WORD OF DISAPPOINTING HOLIDAY SALES LAST WEEK, SOME KEY RETAILERS
INCLUDING WAL MART, TARGET AND J-C PENNEY. BUT WAL MART SAYS IT'S TWO
BIGGEST SELLING SECTORS LAST WEEK WERE BEDDING AND PET SUPPLIES, NOT
EXCACTLY THE THINGS YOU FIND UNDER THE TREE....
ANALYSTS SAY IF YOUR A PROCRASTINATING SHOPPER, YOU MAY SEE THE BIGGEST
POLITICAL TURMOIL IN VENEZUELA HAS DROPPED OIL EXPORTS TO A TRICKLE. WITH A
LACK OF OIL FROM OPEC'S NUMBER 5 PRODUCER, OIL PRICES ROSE BETTER THAN 5
PERCENT TO 30 DOLLARS A BARREL...
AND THATS SENT OIL STOCKS LIKE EXXON MOBIL, ROYAL DUTCH SHELL AND BP AMOCO
HIGHER. AND DEPENDING ON HOW LONG THESE EXPORT EMBARGO PROBLEMS PERSIST IN
VENZUELA, WE COULD SEE HIGHER PRICES FOR GASOLINE AND HEATING OIL HERE.
AND WATCH FOR SOME MARKET MOVING NEWS LATER THIS MORNING AS THE GOVERNMENT
RELEASES FRESH DATA ON CONSUMER PRICES AND HOUSING STARTS.
GET MORE BUSINESS NEWS AT CBS DOT MARKETWATCH.COM
I'M ED CRANE CBS MARKETWATCH, NY.))
(tape tosses to stocks)
Devastating storms along the West Coast have led to at least six deaths, and forecasters say it's probably going to get worse.
Torrential rain started late last week, and has already caused flooding in California and Oregon, and the mudslides are just starting.
In Nevada, high winds have uprooted trees and knocked down power lines, cutting off electricity to thousands of people.
The driving conditions won't likely improve in the Sierra Mountains.
Two feet of snow has already fallen, and another foot is on the way.
(///// SOT /////)
[IN Q=This may be]
((JOHN MONTEVERDI/SAN FRANCISCO STATE UNIVERSITY:THIS MAY BE THE FIRST SIGNS OF EL NINO'S IMPACT ON THE WEST COAST
[SUPER=01-John Monteverdi/San Francisco State University;]
The messy weather isn't expected to let up at least until Christmas.
While the West Coast is dealing with dangerous weather, it's another brutal commute in New York City.
But residents there couldn't be happier.
[SUPER=03-New York, NY;]
A tentative contract has been reached with transit workers, ending the threat of a strike.
With no busses or subways, some seven million commuters would have been forced to find another way to get to work.
The 34- thousand- member transport workers union must still vote on the deal.
Employees of the U-S Postal Service are digging out from under a mountain of holiday mail.
Customers lined up at the Salem Post Office, to send packages and holiday greetings on their way.
And that was the scene across the country, as postal officials predicted yesterday would be the busiest mailing day of the year.
(///// SOT /////)
[IN Q=I'm mailing]
((DINIA PEASE: I'M MAILING TO CONNECTICUT, IDAHO AND SOUTH CAROLINA.))
((DEBBIE WHITE: WE'VE GOT FAMILY OUT OF STATE AND WE JUST MOVED HERE FROM WEST VIRGINIA BACK IN APRIL, SO THIS IS ALL NEW FOR ME DOWN HERE.))
[SUPER=01-Dinia Pease/Postal Customer; :00]
[SUPER=01-Debbie White/Postal Customer; :06]
[OUT Q=new for me down here.]
[SUPER=04-Postal Service Video;]
Postal official are encouraging customers to bring their mail in earlier in the day. They say that will help to spread out the crush of holiday mail, and speed the cards and packages on their way.
Postal officials predict tomorrow will be the busiest delivery day of the year.
(Kimberly tosses to bump)
Roanoke City residents will get a chance to weigh in on a proposed increase in the water rate.
Yesterday, City Council approved a public hearing on the matter for January 21st at 7 p-m.
Mayor Ralph Smith says the proposed increase will be about 30-percent.
He says the city needs to refill its water department budget since spending on various things to get through the drought.
(///// SOT /////)
[IN Q=we've had]
((RALPH SMITH/ROANOKE MAYOR; WE'VE HAD COST OF ADDING FILTRATION EQUIPMENT WE'VE HAD THE COST OF CREATING NEW WATER SOURCES THROUGH WELLS AND OTHER FILTRATION EXPENSES IN ADDITION TO PURCHASING WATER FROM THE SALEM AND ROANOKE COUNTY.))
[OUT Q=ROANOKE COUNTY.]
Smith says even with the rate hike, the cost of water will remain low compared to other regions.
Roanoke City Manager Darlene Burcham says the level of Carvins Cove is higher thanks to recent weather but that they're still encouraging conservation.
Students at a Salem business college are back in class, after clean-up crews spent the day dealing with the aftermath of a weekend fire.
The small trash fire left extensive smoke damage at the National College of Business and Technology.
Classes were canceled, but not for long.
Two dozen people worked to clean each room before students returned for evening classes.
(///// SOT /////)
[IN Q=We have over 700 students]
((LEW BISHOP/CAMPUS DIRECTOR: WE HAVE OVER 700 STUDENTS AND ABOUT 75 STAFF AND FACULTY HERE AND WE'RE READY FOR THEM AND WE'RE ROLLING FULL STEAM AHEAD.))
[SUPER=01-Lew Bishop/Campus Director;]
[OUT Q=full steam ahead.]
Fire officials in Salem are looking into the cause of the fire, but there was no word yesterday on the results of their investigation.
A jury will resume deliberations later today in the case of a Blacksburg man charged with murder.
The trial for 27-year-old Michael Parks began in Montgomery County Circuit Court yesterday.
Parks is charged with second-degree murder in the death of his girlfriend, Marika Cooper.
Cooper was found dead in her Clayton Estates home July 12th.
Parks told the court he and Cooper got into a heated argument that morning, when he grabbed her and put her into a chokehold.
He said he got scared and left when he saw she wasn't breathing, but, later turned himself over to police.
[TAPE#=02-40 TC 1:57:08]
V-DOT says everyone needs to work together to ensure traffic doesn't get snarled like it did on Route 220 during the snowstorm earlier this month.
[SUPER=03-Roanoke Co./December 4;]
The storm on December 4th left many motorists stranded for up to 8 hours with no help from police or rescue crews.
Yesterday morning, Franklin and Roanoke County Police met with State Police and V-DOT to talk about the incident, its causes, and ways to avoid similar problems in the future.
They say they'll do what they can but the public needs to take responsibility, too.
(///// SOT at :22 /////)
[IN Q=Because vehicles were unwilling or unable to move...]
((LAURA BULLOCK/VDOT: BECAUSE VEHICLES WERE UNWILLING OR UNABLE TO MOVE, NO ONE COULD DO THEIR JOBS. VDOT COULDN'T PLOW, POLICE COULDN'T GET TO ACCIDENTS IN WHICH THERE WERE INJURIES. WE CAN'T HAVE THIS. WE'VE GOT TO HAVE FOLK WILLING TO MOVE THEIR VEHICLES.))
[OUT Q=willing to move their vehicles.]
Bullock adds public service agencies want to invest in communications equipment that will make it easier for VDOT and police crews to work together during such situations.
Roanoke City Council agrees it will be a quality addition if Wild Oats come to town.
Last night, members approved a re-zoning request, giving the green light to a proposed upscale shopping center.
Wild Oats, a national natural food store chain, is a possible tenant.
Many local residents support the project for the corner of Franklin and Wonju, saying Roanoke needs the products they provide and that it will improve the quality of life.
[SUPER=04-Last Month; ]
Last month, the planning commission approved it after compromises on parking, square footage and deadlines.
If all goes along as planned, Wild Oats could be open by the end of next year.