Judge denies jurors request in Helio trial

Federal jurors in the tax-evasion trial of Indy 500 champ Helio Castroneves asked for the lawyers' opening statements from early March, but the judge denied the request.

U.S. District Judge Donald Graham told the 12-member jury in Miami that he would not turn over transcripts of the opening statements because they ''are not evidence.'' He told jurors that they must rely on witness testimony and trial exhibits as the evidence, then asked them to continue deliberations. The Brazilian race car star is awaiting word on whether they will find him guilty or innocent of failing to pay taxes on $5.5 million he earned from decade-old racing deals. The IRS says he owes $2.3 million on that income. Castroneves, his sister and his sports lawyer — charged in a conspiracy to evade paying taxes on the income — were teased with partial verdicts returned by the 12-member jury on Thursday. But the verdicts were not made public.

The jury said it reached a verdict on two tax-evasion counts against the 33-year-old Castroneves and deadlocked on five others — including the leading conspiracy charge.

The panel also said it reached a verdict on one charge against the driver's sister/manager, Katiucia Castroneves, 35, but deadlocked on the other six.

One of Castroneves' lawyers, Roy Black, urged the judge to bring the deliberations — now in their sixth day — to a close. He asked Graham to announce the partial verdicts and to declare a mistrial on the deadlocked counts.

The judge refused. Miller's attorney, Robert Bennett, then asked Graham if he would at least announce the jury's verdict for his client, saying the anticipation was “sheer agony.''

Federal prosecutor Matt Axelrod opposed disclosure, raising concern about courtroom ''reaction'' if the jury's verdict on Miller was revealed at this point. The judge sided with the government, denying Bennett's request.

It appears from the defense lawyers' requests in court that they're confident Miller may have been acquitted and that the jury may also have acquitted the Castroneves siblings on a least a few of the tax-evasion charges. A mistrial declared on the remaining counts would be an additional setback for the government. MiamiHerald.com