Jurors failed to reach a verdict yesterday after a full day of deliberation in the federal bribery-conspiracy case against former D.C. Alcoholic Beverage Control officials Robert C. Lewis and James E. Boardley.
The jury, one of two empanelled in the two-week trial, recessed until Monday morning.
The second jury in the case Friday night convicted bar owner Tommy M. Motlagh, to whom Lewis and Boardley allegedly promised a liquor license in exchange for profits from a proposed liquor store, on a single charge of conspiracy under local statutes.
The same jury acquitted Motlagh on two federal charges of conspiring to bribe Lewis and Boardley. Motlagh, an Iranian, was released on personal recognizance, but ordered to surrender his passport.
Early in the afternoon Lewis, Boardley, their attorneys and federal prosecutors were called into Judge Charles R. Richey's courtroom to consider the jurors' request to listen to several of the government's secretly taped telephone conversations, in which Lewis and Boardley discussed the alleged liquor store deal with Hechinger employe Daniel Russell.
Russell, who was in charge of developing Hechinger Mall in Northeast Washington, cooperated in a federal probe of Lewis, Boardley and Motlagh after he went to prosecutors, saying he felt Boardley had threatened to delay permits for the project if he didn't lease a liquor store there to Motlagh.
During the trial, the tapes were played and jurors were given transcripts. Yesterday defense attorneys argued that the transcripts should not be allowed into the jury room, in light of a previous court order that only the tapes--not the transcripts--were to be considered as evidence.
Jurors were brought into the sealed courtroom, where U.S. marshals played the tapes. The transcripts were locked in the courtroom's cellblock.