GRAND RAPIDS, Mich — The jury in the Whitmer kidnapping plot trial will begin day of deliberations Thursday.
According to Tonya Krause-Phelan, a WMU Cooley Law School professor, multiple days of deliberation is not unusual for a case of this high profile.
"I think given who the potential victim in this case was," said Krause-Phelan, "And the undercurrents that this case has with the overall climate, politically speaking in this country, I think they probably feel a certain amount of pressure to make sure that they get it right."
Every case is different, and there cannot be a definitive conclusion or prediction of outcome based on the amount of time the jury takes to deliberate. However, Krause-Phelan believes the questions the jury is asking the judge indicates they are taking their oath very seriously.
Wednesday, the jury asked for office supplies, such as post-it notes.
"They're probably trying to chart all of this out regarding what testimony applies to which of the four defendants, and which testimony applying to those four defendants relates to one of the particular charges in the indictment," said Krause-Phelan, "So, I think that's probably why, I don't want to say slowing down because that indicates that something's amiss, but I think that's why they're giving so much consideration and taking their time. They've got to sort all of that out."
She said during her career, it was very common for juries to ask at least one question.
The trial lasted nearly three weeks, with a fair amount of evidence for the jury to sort through. Both the defense and prosecution have strong arguments for the jury to consider.
Krause-Phelan said the prosecution's strengths lie with undercover officers or confidential informants, as well as the sheer amount of evidence in footage and documents presented to the jury.
As for the defense, she said their strongest case is entrapment.
"To have enough facts in a particular case that allows the judge to say, okay, defense, there's enough here for me to think that there's a possibility that the jury would find that the defendants were entrapped, that's rare," said Krause-Phelan, "And so, in some respects, that's the defense's strongest case."
As far as a potential mistrial goes, it may be too soon to worry about that. Krause-Phelan said that typically happens when the jury has been out longer, and has come to the judge more than once saying they are deadlocked. She believes the judge is giving them more time.
"I think the public should be really comfortable knowing that it sounds like this jury is really doing their due diligence," said Krause-Phelan, "And really trying to examine the evidence closely."
RELATED VIDEO: Former U.S. attorney weighs in on Gov. Whitmer kidnapping plot trial
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