Arkansas Democrat-Gazette

Rally lawsuit trial’s jury deliberati­ons last into third day

- DENISE LAVOIE

CHARLOTTES­VILLE, Va. — Jurors finished their second day of deliberati­ons without reaching a verdict Monday in the trial of white nationalis­ts accused of conspiring to commit racially motivated violence at the deadly “Unite the Right” rally in 2017 in Charlottes­ville.

The jury has deliberate­d for about 15 hours over two days. At one point Monday, jurors indicated that they may be having trouble reaching a unanimous verdict on several allegation­s in a lawsuit filed by nine people who were physically hurt or emotionall­y traumatize­d by the violence.

Jurors are being asked to decide whether white supremacis­ts, neo-Nazis and white nationalis­t organizati­ons are responsibl­e for the violence during two days of demonstrat­ions. In addition to deciding whether the defendants are liable on six claims, jurors will also decide if the defendants are liable for compensato­ry and punitive damages for nine people who filed a federal lawsuit after they suffered physical or psychologi­cal injuries.

At about noon Monday, the jury sent a note asking Judge Norman Moon: “If we cannot come to a unanimous decision on the first three claims, do we still decide on Claims 4, 5 and 6?”

Moon told lawyers for the plaintiffs and the defendants that he would tell the jury to continue to try to reach a unanimous verdict.

He also alluded to the Allen charge, a formal instructio­n given by judges to deadlocked juries to encourage them to continue deliberati­ng until they reach a verdict. The instructio­n is often colloquial­ly referred to as a “dynamite” charge. Moon said he thought it was too early to give that instructio­n.

Moon also issued an order that indefinite­ly extended an earlier order prohibitin­g the parties and their attorneys from disclosing the names of or any personal identifyin­g

Jurors are being asked to decide whether white supremacis­ts, neo-Nazis and white nationalis­t organizati­ons are responsibl­e for the violence during two days of demonstrat­ions.

informatio­n about the jurors, saying there is reason to believe “the jury needs protection from interferen­ce or harm, given the highly publicized nature of this trial,” according to a descriptio­n on the electronic case docket.

Hundreds of white nationalis­ts descended on Charlottes­ville on Aug. 11-12, 2017, ostensibly to protest the city’s plans to remove a statue of Confederat­e Gen. Robert E. Lee.

During a march on the University of Virginia grounds, white nationalis­ts surrounded counterpro­testers, shouted “Jews will not replace us!” and threw burning tiki torches at them.

The next day, an avowed admirer of Adolf Hitler intentiona­lly drove his car into a crowd, killing a woman and injuring 19 people. James Alex Fields Jr. of Maumee, Ohio, is serving life in prison for murder and hate crimes for the car attack.

He is also named as a defendant in the lawsuit.

Lawyers for the plaintiffs told jurors that the defendants “planned, executed and then celebrated” racially motivated violence.

The defendants sought to distance themselves from Fields.

Several testified that they resorted to violence only after they or their associates were attacked. They’ve blamed the violence on anti-fascist protesters known as antifa as well as one another.

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