Verdict Watch: Jurors question entrapment and motives of doctors accused of helping Russia
BALTIMORE -- Jurors are divided in the trial of two Maryland doctors accused of providing patients' private medical information to Russia.
They told the jury late Wednesday, after a full day of deliberations, "We are unable to come to a unanimous verdict. How can we move forward?" The jury is divided on whether the government entrapped the defendants and told the judge hours earlier they were split 11-to-1. They did not say which way they were leaning. If the jury finds the defendants were entrapped, the verdict would be not guilty across the board.
The judge said she was concerned about jurors' ability to come to an agreement but said she would bring them back to the courthouse in the morning to see if they could reach a verdict.
If not, she could declare a mistrial or read what is known as an Allen Charge, a supplemental jury instruction designed as a last-ditch attempt to get a verdict.
Johns Hopkins anesthesiologist Dr. Anna Gabrielian faces up to 25 years in prison. Her husband, Dr. Jamie Lee Henry, who remains on active duty in the army, faces up to 65 years.
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Shortly after noon, jurors had two questions for the judge.
They wanted to know if the defendants had to have malicious intent and gain something personally as motives to find them guilty of illegally providing the medical records.
The judge said one reason would be sufficient, but their decision had to be unanimous.
The government must prove either malicious intent or personal gain to win their case.
Jurors also wanted clarification on the definition of entrapment. The judge instructed them that the defendants had to be "ready and willing" to commit the crime before a government agent approached them.
The key evidence against the doctors is five hours of video from an undercover FBI agent posing as a representative of the Russian government—allegedly showing Gabrielian and Henry handing over notes and information on eight patients with ties to the military.
The defendants said they only wanted to help save lives in the brutal war with Ukraine and alleged the government misunderstood their motives and entrapped them. They claimed they only provided the confidential records because they feared Russian intelligence would harm them or their families.
Dr. Grabrielian told the undercover agent in video played during the trial that if she were caught, she wanted the couple's two young children to "have a nice flight to Turkey to go on vacation because I don't want to end up in jail here with my kids being hostages over my head."
