Sines v. Kessler, day 21 – C-VILLE Weekly

Each day, we’ll have the latest news from the courtroom in the Sines v. Kessler Unite the Right trial. For coverage from previous days, check the list of links at the bottom of this page.

The jury in Sines v. Kessler deliberated for a second day Monday and went home without a verdict.

The civil lawsuit claims that two dozen organizers of the deadly Unite the Right rally in August 2017 conspired to commit racial violence. The nine plaintiffs said they were physically and emotionally injured when neo-Nazis came to Charlottesville.

Around noon on Monday, jurors asked Judge Norman Moon if they can’t reach a unanimous decision on the first three claims of the suit—that one or more of the defendants conspired to commit racially motivated violence—”do we still decide on claims 4, 5, and 6?”

Moon replied to the jury, “They must continue to try to reach a unanimous decision on all six counts.”

“I’d be very disappointed if they can’t agree on any conspiracy counts,” says attorney Deborah Wyatt, who is not associated with the case.

In claim 4, plaintiffs Natalie Romero and Devin Willis, who were assaulted at the Thomas Jefferson statue August 11, 2017, following a tiki-torch march through UVA grounds, contend that the defendants violated Virginia’s racial, religious, or ethnic harassment or violence statute.

The fifth and sixth claims focus on James Fields, who drove into a crowd of counterprotesters August 12. The claims allege assault and battery, and the intentional infliction of emotional distress.

Shortly before that question, the jury had asked Moon, ”Are words a form of violence? (according to federal law)?”

“Well I would firmly say no,” said Spencer. “This is a philosophical question. You can offer guidelines for answering.”

“I don’t think it’s philosophical,” said Moon, who referred the jury to instruction #30 on free speech. That says, “The abstract advocacy of lawlessness, or mere advocacy of the use of force is protected speech.” However, the instruction goes on to say that if the defendants were engaged in a conspiracy to conduct illegal activity, the First Amendment does not offer protection.

Jurors received a 77-page document with jury instructions, the legal definitions of racially motivated conspiracy, and verdict forms. Plaintiffs called 36 witnesses and entered into evidence hundreds of social media posts, texts, emails, and phone records.

What had been scheduled to be a four-week trial entered into its fifth week Monday. Jurors will return Tuesday to continue deliberations.

Previous Sines v. Kessler coverage

Pre-trial: Their day in court: Major lawsuit against Unite the Right neo-Nazis heads to trial

Day one, 10/25: Trial kicks off with jury selection

Day two, 10/26: Desperately seeking jury

Day three, 10/27: Jury selection wraps up

Day four, 10/28: Plaintiffs and defendants make their opening arguments

Day five, 10/29: “I hear it in my nightmares,” says plaintiff Romero

Day six, 11/1: “I stopped being an outgoing, sociable person,” says plaintiff Willis

Day seven, 11/2: “Strike that”

Day eight, 11/3: Defendants fawn over Hitler

Day nine, 11/4: Quibbling about hate