A jury deliberated for more than six hours Wednesday without reaching a verdict so far in the federal arts and memorabilia trial.
The nine-man, three-woman jury is scheduled to resume deliberating the fate of four Lackawanna County men on Thursday at 11 a.m.
Jurors will decide whether to convict Nicholas Dombek, 54, Thornhurst; brothers Joseph Atsus, 50, of Roaring Brook Township, and Alfred Atsus, 48, of Covington Township; and Damien Boland, 48, of Moscow.
They are charged with roles in thefts or attempted thefts at 20 museums across two decades in six states and Washington, D.C.
The Northeast Pennsylvania targets included the Everhart Museum and Lackawanna Historical Society in Scranton; the Country Club of Scranton in South Abington; Hawley Antique Exchange in Hawley; and Cade’s Coins in Exeter.
After Senior U.S. District Judge Malachy E. Mannion read 104 pages of jury instructions on the law and evidence, jurors shuffled into a private room to debate the 13-count indictment of the men.
Each is charged with a single count of conspiracy to commit theft of major artwork, concealment or disposal of major artwork and interstate transportation of stolen property.
Dombek and the Atsus brothers are charged with single counts of theft of major artwork while Boland is charged with two counts.
Dombek and Boland are charged with eight counts each of concealment or disposal of a major artwork, and the Atsuses are charged with three counts each.
Dombek also is charged with a single count of interstate transportation of stolen property.
Defense lawyers huddled most of the day with clients in lounges designed for such occasions. Once, several lawyers left the building to stroll outside and buy coffee.
Other times, they chatted among each other or with others in a hallway outside Courtroom 3. That’s the fourth-floor courtroom in the William J. Nealon Federal Building and U.S. Courthouse where the trial took place.
Mostly, the lawyers and other observers just waited.
Twice, jurors interrupted with questions.
They asked if they could see transcripts of testimony if needed; if they could see transcripts of key prosecution witness Thomas Trotta’s testimony related to his thefts at the Everhart, the historical society and Space Farms Zoo and Museum in Wantage, New Jersey; and if they could get additional copies of Mannion’s jury instructions.
Mannion approved more copies of jury instructions but denied access to transcripts. Under federal rules, jurors must rely on memories of testimony and transcripts are not considered allowable evidence.
Trotta, who has pleaded guilty in the case and cooperated with state police in multiple states and the FBI, testified for almost three days last week.
Trotta, the self-confessed ringleader, testified to breaking into venues and stealing the loot. He said the men, all friends since childhood, either helped plan the theft, drove him to heists, melted down trophies, plaques, belts or other goods, drove him to New York City to sell off goods or hid items in their homes.
At the Everhart, the stolen goods included a rare Andy Warhol painting and a purported Jackson Pollock painting. Trotta said he stole a rare Tiffany lamp from the historical society and professional golfer Art Wall Jr.’s trophies from the country club.
In opening and closing statements, defense lawyers portrayed Trotta as a thief who kept stealing and lying after cooperating with police. In his closing statement, a prosecutor acknowledged Trotta’s past behavior, but said he told jurors the truth.
At 5:58 p.m., about 20 minutes after they asked the questions, they decided to call it a day.
As he has daily since the trial began Jan. 14, Mannion urged them to avoid talking about the case with anyone — including family — as well as researching or reading or watching stories about the case.
Deliberations mean the trial has reached “a sacred stage,” Mannion said.
“The admonitions now are kind of super important because you are in the midst of deliberations,” he said.
Mannion scheduled the resumption for 11 a.m. — 90 minutes later than trial days normally began — because the courthouse was expected to open later due to forecast inclement weather.
