INDYCAR: Castroneves’ Defense Moves for a Mistrial
The third day of jury deliberations in the Helio Castroneves' tax evasion trial ended with Helio Castroneves' lawyers calling for a mistrial.
Robin Miller
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Posted April 14, 2009
Miami, FL
The third day of jury deliberations in the Helio Castroneves' tax evasion trial ended without a verdict but not without some fireworks as the defense attorneys moved for a mistrial.
Much of Tuesday's seven hours were spent with attorneys from both sides attempting to define and agree on three questions posed by the jurors about constructive receipt, deferred money and binding contracts.
U.S. district Judge Donald Graham's clarifications of jury instructions on some key legal issues forced attorneys Roy Black and David Garvin to move for a mistrial.
The defense counsel objected to trying the case by one set of instructions and then, they contend, have inconsistencies or changes with Tuesday's instructions to the 12 jurors.
The crux of this case is whether Castroneves deferred $5 million of his salary from Penske Racing into an annuity that he would receive next month and then pay taxes on it or whether he conspired with his sister, Kati, and agent Alan Miller to hide the money and avoid paying taxes.
After giving the government and defense counsel time to try and reach some common ground on answers to those three questions, Graham brought in the jury to try and simplify some very complex legal issues.
They were given a verbal explanation by Graham followed by a written version, which they studied until 4 o'clock when they went home for the day. Depending on the judge's ruling on the mistrial, deliberations are scheduled to resume Wednesday morning at 8 a.m.