Jury deliberates in Baumgartner trial

Jury deliberates in Baumgartner trial

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Former Judge Richard Baumgartner arrives at the federal courthouse Tuesday. Former Judge Richard Baumgartner arrives at the federal courthouse Tuesday.

KNOXVILLE (WATE) - After closing arguments by prosecutors and the defense, the case against Ex-Judge Richard Baumgartner was handed over to the jury for deliberation.

Both sides wrapped up statements before lunch and U.S. District Judge Ronnie Greer gave the jury instructions.

They began deliberating at 2:00 p.m and went home before 5:00 p.m without reaching a verdict.

Judge Greer ordered jurors back to the courthouse at 9:00 a.m. Wednesday morning.

Federal prosecutors presented a detailed list of reasons to jurors Tuesday morning for why former Judge Richard Baumgartner should be convicted of lying to cover up his crimes.

Defense attorney Donald Bosch told the jury Baumgartner's failings were of the mind, spirit and flesh, but those failings are not federal crimes.

The prosecution explained to the jury why "the people of the U.S. are entitled to" a guilty verdict for Baumgartner.

The government attorneys said they proved all elements of the case beyond a reasonable doubt.

They failed Monday in that task with one count against Baumgartner. Judge Greer dismissed Count 3 of the indictment, saying there was not enough sufficient evidence for a rational jury to find elements of evidence to be established beyond a reasonable doubt.

In the government's closing argument, prosecutors said Baumgartner gave others false impressions for self-preservation. They said Baumgartner did not want Deena Castleman in jail because that would mean the end of the sex and pills he was receiving.

After winning the dismissal Monday of one count but failing a motion for full acquittal, the defense questioned Castleman's attorney, John Boucher, and then rested.

"It's okay to be upset with him, but it's not okay to punish him for a crime he didn't do," Bosch told the jury doing his closing argument Tuesday.

The defense says the government has not shown evidence beyond a reasonable doubt that Baumgartner concealed an alleged drug conspiracy. He was only hiding an affair.

Baumgartner pleaded guilty in March 2011 to official misconduct and resigned from the bench. His trial in federal court stems from his arrest in May 2012 on an indictment that he attempted to cover up drug buys. 

The judge is expected to deliver instructions after a lunch recess and then hand the jury the case for deliberations.

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