Signs of difficulty emerge as Kenyatta Johnson jury ends third day of deliberations without a verdict

The jury in the federal bribery trial of Philadelphia City Councilmember Kenyatta Johnson and his wife, Dawn Chavous, ended their third day of deliberations Monday without a verdict.

But signs of potential difficulties began to emerge from the jury room.

Just before 1 p.m., the panel of eight women and four men sent their latest in a series of messages to U.S. District Judge Gerald A. McHugh. Unlike with those previous missives, the judge did not read it in open court, and its arrival set off a flurry of activity in the courtroom.

Lawyers for Johnson, Chavous, and their codefendants — former nonprofit executives Rahim Islam and Shahied Dawan — whispered with their clients. Prosecutors quickly headed outside to privately confer. Within minutes, the judge had called all the attorneys to his chambers to discuss the letter’s contents behind closed doors.

And moments later, one member of the jury was summoned back to the judge’s chambers as well.

Private conversations between McHugh and the lawyers continued once she finally emerged.

» READ MORE: Kenyatta Johnson and Dawn Chavous bribery retrial: What you need to know

None of the attorneys agreed to discuss the jury’s message after the judge dismissed the panel for the day roughly two hours later.

But in the courtroom gallery — which has been filled with Johnson’s and Chavous’ family members and supporters throughout the jury’s 15 hours of deliberations so far — questions had already begun to emerge over whether the councilmember’s second trial might be headed toward the same conclusion as his first: a deadlocked jury.

Monday’s note came at roughly the same point in deliberations that the jury in Johnson’s first trial in April indicated it was having trouble reaching consensus on the two counts of honest services fraud that he, Chavous and their codefendants face

Then, too, McHugh handled early communications about the deadlock outside of open court. After repeatedly urging jurors to keep trying, the judge ultimately dismissed them and declared a mistrial after four days of deliberation and two subsequent notes in which they signaled they were making no headway.

He dismissed the retrial jury after roughly six hours of discussions Monday with orders to return and try again Tuesday.

Johnson — a three-term Democrat from Point Breeze — has denied allegations that he accepted nearly $67,000 in bribes between 2013 and 2014 from Islam and Dawan in exchange for his assistance in aiding their nonprofit to hold onto troubled real estate assets in his district.

Prosecutors say the pair funneled the money to the councilmember through what they’ve described as a sham consulting contract with Chavous.

If convicted, the couple could be sentenced to up to 20 years in prison on each count they face.