Jury Deliberation and Verdict
Jury Deliberation and Verdict
Jury Deliberation and Verdict
4909
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK - CRIMINAL TERM - PART: 59
- - - - - - - - - - - - - - - - - - - - - X
THE PEOPLE OF THE STATE OF NEW YORK, Indict. No.
71543-2023
-against- CHARGE
DONALD J. TRUMP,
FALSIFYING BUSINESS
RECORDS 1ST DEGREE
DEFENDANT.
JURY TRIAL
- - - - - - - - - - - - - - - - - - - - - X
100 Centre Street
New York, New York 10013
May 30, 2024
B E F O R E:
HONORABLE JUAN M. MERCHAN
JUSTICE OF THE SUPREME COURT
A P P E A R A N C E S:
FOR THE PEOPLE:
ALVIN BRAGG, JR., ESQ.
DISTRICT ATTORNEY, NEW YORK COUNTY
One Hogan Place
New York, New York 10013
BY: JOSHUA STEINGLASS, ESQ.
MATTHEW COLANGELO, ESQ.
SUSAN HOFFINGER, ESQ.
CHRISTOPHER CONROY, ESQ.
BECKY MANGOLD, ESQ.
KATHERINE ELLIS, ESQ.
Assistant District Attorneys
BLANCHE LAW
BY: TODD BLANCHE, ESQ.
EMIL BOVE, ESQ.
KENDRA WHARTON, ESQ.
NECHELES LAW, LLP
BY: SUSAN NECHELES, ESQ.
GEDALIA STERN, ESQ.
Attorneys for the Defendant
SUSAN PEARCE-BATES, RPR, CSR, RSA
Principal Court Reporter
LAURIE EISENBERG, RPR, CSR
LISA KRAMSKY
THERESA MAGNICCARI
Senior Court Reporters
4910
1 SERGEANT: All rise.
3 Merchan is presiding.
16 left.
17 Good morning.
4911
1 Subsequent to that, I received another email
4 should as well.
10 back.
14 says:
4912
1 MR. STEINGLASS: Do you want to start on Page 6?
6 copy of the --
10 with a 3.5 MM input jack for use with the evidence laptop.
14 way they can all listen to it at the same time, which they
24 please.
4913
1 1482, Line 25. There was a piece of that that was already
3 Okay.
9 record.
11 receipt.
24 Jury entering.
4914
1 and were properly seated.)
9 Welcome back.
4915
1 Okay. We have located that testimony, and we are
5 Exhibit 5.
6 It says:
8 instructions.
17 from the facts, for example, the rain metaphor, through the
4916
1 note, and that is:
10 time.
12 have the choice to make. And just let me know later, send
18 read-back first?
20 your Honor.
4917
1 The testimony of the witnesses, the exhibits that
3 by the parties.
9 you.
12 consideration.
4918
1 it is not raining, and when you wake up in the morning, you
2 look out your window. You do not see rain, but you see
3 that the street and sidewalk are wet, and that people are
11 umbrellas.
4919
1 favorable or unfavorable against either party, from the
7 purpose.
11 trial.
25 crimes.
4920
1 You also heard testimony that the Federal
16 purposes only.
25 I remind you now that the articles were accepted and may be
6 actually true.
8 and were not accepted for the truth of the matter asserted
11 this trial, you conclude that the People have proven the
8 to the Defendant.
10 proof, you must find the Defendant not guilty, and if the
12 Defendant guilty.
22 possible doubt.
9 evidence.
18 evidence.
12 mistaken.
22 accurate.
5 testimony.
11 events accurately?
14 be true?
12 truthfulness.
14 other.
17 at trial.
9 trial.
5 witness to do so.
24 the Defendant.
4 testimony.
7 that crime.
13 that conduct.
24 that crime.
17 records of an enterprise.
19 a special meaning:
13 time.
25 conduct?
9 purpose is to do so.
11 People need not prove that the Defendant acted with the
20 commission thereof.
14 conduct.
24 performed.
3 conspiracy.
8 candidate.
19 as a contribution.
3 publication.
3 laws.
14 underpayment of taxes.
4942
1 of the Donald J. Trump Revocable Trust and kept or
12 crime.
14 first question.
24 meeting.
4943
1 read back in open court.)
9 Mr. Steinglass.
4944
1 THE COURT REPORTER: Going to page 1346.
3 Mr. Steinglass.
7 number four.
9 meeting.
11 Ms. Hoffinger.
19 read back.
23 your deliberation.
4945
1 JURY FOREPERSON: Both.
15
16
17
18
19
20
21
22
23
24
25
4946
1 (The following is continued from the previous
2 page.)
3 (Whereupon, the case is in recess while the jury
4 deliberates.)
5 **************************************
6 THE COURT: Good afternoon.
7 Thank you for coming down.
8 I asked that you come down at 4:15 just to make
9 you aware that, at this time, I'm going to excuse the jury
10 about 4:30.
11 We'll give them a few more minutes, and then
12 we'll excuse them.
13 MR. BLANCHE: All right.
14 THE COURT: I am going to step out for a few
15 minutes.
16 (Whereupon, the case is in recess while the jury
17 continues to deliberate.)
18 *********************************************
19 THE SERGEANT: Remain seated.
20 Come to order. Part 59 is back in session.
21 THE COURT: I apologize for the delay.
22 We received a note. It was signed by the jury
23 foreperson at 4:20. It's marked as Court Exhibit Number 7.
24 It reads: "We, the jury, have a verdict. We
25 would like an extra 30 minutes to fill out the Forms. Will
4947
1 that be possible?"
2 You can hand this down so you all can look at it.
3 (Whereupon, the jury note is given to the
4 parties.)
5 THE COURT: I am sure you will hear from the
6 Sergeant and Major and everyone else.
7 Please, let there be no outbursts, no reactions
8 of any kind once we take a verdict.
9 I will be right back in a few minutes.
10 MR. STEINGLASS: Thank you.
11 (Whereupon, a recess is taken.)
12 ***************************************
13 THE SERGEANT: All rise.
14 Part 59 is now in session. The Honorable Juan
15 Merchan is now presiding.
16 THE COURT: Thank you.
17 Please be seated.
18 As I indicated a short time ago, we did receive a
19 note. I read it into the record.
20 You both had a chance to look at it?
21 MR. STEINGLASS: Yes, Judge.
22 MR. BLANCHE: Yes.
23 THE COURT: It's been marked Court Exhibit
24 Number 7, signed by the jury foreperson at 4:20.
25 It says: "We, the jury, have reached a verdict.
4948
1 We would like an extra 30 minutes to fill out the Forms.
2 Would that be possible?"
3 Are we ready to bring out the jury?
4 MR. STEINGLASS: Yes, Judge.
5 MR. BLANCHE: Yes.
6 THE COURT: Bring out the jury, please.
7 COURT OFFICER: Alternate jurors entering.
8 (Whereupon, the alternate jurors enter the
9 courtroom and are seated in the first row of the audience
10 at 5:04 PM.)
11 COURT OFFICER: All rise.
12 Jury entering.
13 (Whereupon, the jurors are present and properly
14 seated at 5:05 PM.)
15 THE COURT: Remain seated.
16 THE CLERK: Do both parties stipulate that all
17 jurors are present and properly seated?
18 MR. STEINGLASS: Yes.
19 MR. BLANCHE: Yes.
20 MR. BOVE: Yes.
21 THE COURT: Jurors, we received a note from you.
22 It was signed by your jury foreperson at 4:20.
23 It's been marked as Court Exhibit Number 7.
24 It says: "We, the jury, have a verdict. We would
25 like an extra 30 minutes to fill out the Forms. Would that
4949
1 be possible?"
2 Mr. Foreperson, without telling me the verdict,
3 has the jury, in fact, reached a jury?
4 JUROR #1: Yes, they have.
5 THE COURT: Take the verdict, please.
6 THE CLERK: Will the foreperson please rise.
7 Have the members of the jury agreed upon a
8 verdict?
9 JUROR #1: Yes, we have.
10 THE CLERK: How say you to the first count of the
11 indictment, charging Donald J. Trump with the crime of
12 falsifying business records in the first degree, guilty or
13 not guilty?
14 JUROR #1: Guilty.
15 THE CLERK: How say you to count two?
16 JUROR #1: Guilty.
17 THE CLERK: How say you to count three?
18 JUROR #1: Guilty.
19 THE CLERK: How say you to count five?
20 JUROR #1: Guilty.
21 THE CLERK: How say you to count six?
22 JUROR #1: Guilty.
23 THE CLERK: How say you to count seven?
24 JUROR #1: Guilty.
25 THE CLERK: How say you to count eight?
4950
1 JUROR #1: Guilty.
2 THE CLERK: How say you to count nine?
3 JUROR #1: Guilty.
4 THE CLERK: How say you to count ten?
5 JUROR #1: Guilty.
6 THE CLERK: How say you to count 11?
7 JUROR #1: Guilty.
8 THE CLERK: How say you to count 12?
9 JUROR #1: Guilty.
10 THE CLERK: How say you to count 13?
11 JUROR #1: Guilty.
12 THE CLERK: How say you to count 14?
13 JUROR #1: Guilty.
14 THE CLERK: How say you to count 15?
15 JUROR #1: Guilty.
16 THE CLERK: How say you to count 16?
17 JUROR #1: Guilty.
18 THE CLERK: How say you to count 17?
19 JUROR #1: Guilty.
20 THE CLERK: How say you to count 18?
21 JUROR #1: Guilty.
22 THE CLERK: How say you to count 19?
23 JUROR #1: Guilty.
24 THE CLERK: How say you to count 20?
25 JUROR #1: Guilty.
4951
1 THE CLERK: How say you to count 21?
2 JUROR #1: Guilty.
3 THE CLERK: How say you to count 22?
4 JUROR #1: Guilty.
5 THE CLERK: How say you to count 23?
6 JUROR #1: Guilty.
7 THE CLERK: How say you to count 24?
8 JUROR #1: Guilty.
9 THE CLERK: How say you to count 25?
10 JUROR #1: Guilty.
11 THE CLERK: How say you to count 26?
12 JUROR #1: Guilty.
13 THE CLERK: How say you to count 27?
14 JUROR #1: Guilty.
15 THE CLERK: How say you to count 28?
16 JUROR #1: Guilty.
17 THE CLERK: How say you to count 29?
18 JUROR #1: Guilty.
19 THE CLERK: How say you to count 30?
20 JUROR #1: Guilty.
21 THE CLERK: How say you to count 31?
22 JUROR #1: Guilty.
23 THE CLERK: How say you to count 32?
24 JUROR #1: Guilty.
25 THE CLERK: How say you to count 33?
4952
1 JUROR #1: Guilty.
2 THE CLERK: And how say you to count 34?
3 JUROR #1: Guilty.
4 THE CLERK: Please be seated.
5 (Whereupon, the court officer takes the jury's
6 Verdict Sheet from the foreperson, gives it to the Court,
7 and then gives it to the clerk of the court.)
8 THE CLERK: Members of the jury, listen to your
9 verdict as it stands recorded. You and each of you say
10 through your foreperson that you find the Defendant,
11 Donald J. Trump, guilty of all 34 counts charging
12 falsifying business records in the first degree, and so
13 say you all.
14 Is this the verdict?
15 THE JURORS: Yes.
16 (Whereupon, the jurors nod and verbally respond
17 in the affirmative.)
18 THE CLERK: Would either party like the jury
19 polled?
20 MR. BLANCHE: Yes, please.
21 THE CLERK: Members of the jury, you have said
22 through your foreperson that you find the Defendant,
23 Donald J. Trump, guilty of all 34 counts of falsifying
24 business records in the first degree.
25 Juror Number 1, is that your verdict?
4953
1 JUROR #1: Yes, it is.
2 THE CLERK: Juror Number 2, is that your verdict?
3 JUROR #2: Yes, it is.
4 THE CLERK: Juror Number 3, is that your verdict?
5 JUROR #3: Yes, it is.
6 THE CLERK: Juror Number 4, is that your verdict?
7 JUROR #4: Yes.
8 THE CLERK: Juror Number 5, is that your verdict?
9 JUROR #5: Yes.
10 THE CLERK: Juror Number 7, is that your verdict?
11 JUROR #7: Yes, it is.
12 THE CLERK: Juror Number 8, is that your verdict?
13 JUROR #8: Yes.
14 THE CLERK: Juror Number 9, is that your verdict?
15 JUROR #9: Yes.
16 THE CLERK: Juror Number 10, is that your
17 verdict?
18 JUROR #10: Yes.
19 THE CLERK: Juror Number 11, is that your
20 verdict?
21 JUROR #11: Yes.
22 THE CLERK: And Juror Number 12, is that your
23 verdict?
24 JUROR #12: Yes.
25 THE CLERK: Your Honor, the jury has been polled.
4954
1 THE COURT: Thank you.
2 Jurors, I want to thank you very much for your
3 service in this case.
4 We started picking a jury here on April 15th. We
5 had opening statements on April 22nd. And we didn't have
6 summations until May 21st. That's a long time. That's a
7 long time you were away from your jobs, your families,
8 your other responsibilities.
9 But, not only that, you were engaged in a very
10 stressful and difficult task.
11 I want you to know that I really admire your
12 dedication and your hard work.
13 I observed you. As I said before, I observed you
14 during the course of the trial, and I could see how
15 involved you were, how engaged you were, how invested you
16 were in this process. And you gave this matter the
17 attention it deserved. I want to thank you for that.
18 I want to thank the alternate jurors, as well.
19 We couldn't do this without you.
20 I've had plenty of trials where I've had to use
21 one or all of my alternate jurors. Without service of the
22 alternate jurors, I would not have completed those trials.
23 Thank you very much.
24 Jurors, you'll remember, during the course of the
25 trial I gave you certain admonitions many, many times.
4955
1 I want you to know that those admonitions no
2 longer apply.
3 You are free to discuss the case with anyone you
4 would like to discuss it with, but you're also free not
5 to. No one can make you do anything that you don't want to
6 do. The choice is yours.
7 In a few minutes, if it's okay with you, I would
8 like to meet with you in the jury room, just to thank you
9 personally for your work.
10 Bear in mind, I'm not allowed to discuss the
11 facts of the case. I'm also not permitted to discuss your
12 deliberations.
13 But, I do want to personally thank you for your
14 service, and I'd also like to get your feedback, get a
15 sense of what we did right, what we did wrong.
16 There are a couple of matters I need to take care
17 of here. I'll do that quickly so I can join you in the
18 back.
19 At this time, I thank you very much.
20 You're excused with the gratitude of the Court.
21 (Whereupon, the jurors are excused and discharged
22 at 5:11 PM and exit the courtroom, and the alternate
23 jurors are excused and discharged and exit the courtroom.)
24 THE COURT: You may be seated.
25 Any motions, applications, anything to go over at
4956
1 this time?
2 MR. BLANCHE: Yes.
3 We move for a Judgment of Acquittal and to set
4 aside the verdict for the reasons we previously stated.
5 Just to emphasize a few significant reasons that
6 came out since we made it: There's no basis and there's
7 no way this jury could have reached a verdict without
8 accepting the testimony of Mr. Cohen; and we believe
9 unequivocally that that testimony, even though it would
10 stand in this courtroom, that he lied, there was perjury
11 committed.
12 And there is no reason that the Court should
13 allow a verdict, knowing that one of the witnesses that,
14 necessarily, had to be part of the crime that was
15 committed and the offense should be used to convict
16 President Trump.
17 And so, for that reason, combined with the fact
18 that there was no evidence, certainly limited evidence
19 that had any -- any connection between the charged conduct
20 and President Trump, and the limited connection was
21 Michael Cohen, we believe in light of that fact, which I
22 don't think is in dispute, the Court should enter a
23 Judgment of Acquittal, notwithstanding the verdict.
24 THE COURT: I'm sure you misspoke when you said
25 "knowing".
4957
1 You're not suggesting that I "know" anybody
2 committed perjury; right?
3 MR. BLANCHE: Correct.
4 THE COURT: People?
5 MR. STEINGLASS: Very briefly, we, of course,
6 disagree with Mr. Blanche's characterization of Michael
7 Cohen's testimony.
8 For all the reasons set forth in the summation
9 and the entire trial record, there's more than enough
10 evidence in this case for a reasonable jury to have
11 reached the verdict that it did.
12 So, we urge your Honor to reject the Defense
13 motion.
14 THE COURT: Your motion is denied.
15 Any other motions or applications before we
16 adjourn the matter?
17 MR. BLANCHE: May we approach, briefly, your
18 Honor?
19 THE COURT: On the record.
20 (Whereupon, the following proceedings were held
21 at sidebar:)
22 MR. BLANCHE: I just wanted to ask about the
23 sentencing date and be heard on the date.
24 I didn't know what the Court's practice was.
25 THE COURT: Sure.
4958
1 We can do that in open court.
2 MR. BLANCHE: I didn't know the process.
3 THE COURT: We can do that in open court.
4 (Whereupon, the following proceedings were held
5 in open court:)
6 THE COURT: Yes, Mr. Blanche?
7 MR. BLANCHE: Your Honor, we would ask for a date
8 for sentencing on some date in mid to late July.
9 The reason for that is, as the Court is aware,
10 President Trump faces other charges in other
11 jurisdictions.
12 In the case in Florida, there is a three-day
13 hearing scheduled for late June; and the work ahead of
14 that hearing requires Counsel to be in Florida, inside a
15 SCIF, for much of the time between now and the date of
16 hearing and, also, the date of the hearing itself, which
17 will require us to just not be able to focus on this
18 matter.
19 So, we, respectfully, request a date at some
20 point in mid to late July for sentence.
21 MR. STEINGLASS: Judge, the standard adjournment
22 for an out I and S is six weeks.
23 So, we don't oppose a date in mid-July.
24 THE COURT: We will adjourn this matter for
25 sentence to July 11th.
4959
1 We will order a Probation Report.
2 Mr. Blanche, the clerk of the court will give you
3 instructions on how to go about scheduling that Probation
4 interview and getting that Probation Report.
5 This will be July 11th, at 10:00 AM.
6 If there are going to be any motions filed, I
7 direct the Defense to file their motions no later than
8 June 13th. That would be two weeks from today.
9 If any motions are filed by that date, the People
10 are directed to respond by June 27th.
11 And that's the parameter of time that the Court
12 would have to decide any motions.
13 If there's nothing else, you're excused.
14 Thank you very much.
15 MR. STEINGLASS: Thank you.
16 THE COURT: What is the current bail status?
17 MR. STEINGLASS: There is no bail.
18 THE COURT: Mr. Trump remains ROR'd.
19 (Whereupon, the case is adjourned for sentence to
20 July 11th, 2024 at 10:00 A.M.)
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