Jurors in the bribery and corruption trial of two former FirstEnergy executives are back at their deliberations in Summit County Court in Akron, after telling the judge that they are at an impasse. The action comes on the eighth day of deliberations over charges against former FirstEnergy CEO Chuck Jones and former vice president Michael Dowling after a trial that took six weeks and included dozens of witnesses and hundreds of exhibits.
It’s not unusual for a judge to issue what’s called an Allen or Howard charge to jurors to reconsider their positions. It's also known as a dynamite charge, to break up a deadlocked jury. Judges want to avoid declaring a mistrial after months of work and extensive resources.
The jury has asked Summit County Common Pleas Judge Susan Baker Ross nine questions, resulting in her re-reading certain instructions she gave them when they started deliberations.
Ross also held a hearing regarding two pieces of evidence that jurors weren't supposed to see but did. She apologized to the jury and said she wasn't sure how the exhibits got into the jury room, but asked jurors to disregard them.
Jones and Dowling are accused of paying a $4.3 million bribe to the late Sam Randazzo as he became Public Utilities Commission chair while the billion-dollar nuclear power plant bailout known as House Bill 6 was coming forward. Their lawyers have said Randazzo wasn’t a public official when they paid him money that was intended for clients he was representing, and he stole it.
Jones and Dowling also face a federal trial on similar charges.
Randazzo was charged along with Jones and Dowling in state and federal court, but died by suicide in April 2024.