Jurors failed to reach a verdict Tuesday in the corruption trial of two fired FirstEnergy Corp. executives, setting up a next-step decision that legal representatives said could include an acquittal motion and, potentially, a mistrial. The impasse came after more than eight days of deliberations following a six-week trial in Akron of former CEO Chuck Jones and former senior vice president Michael Dowling.
Judge Susan Baker Ross announced that the jury had not reached agreement, according to the account of court proceedings described in the trial coverage. Over the deliberation period, the jury repeatedly sent clarifying questions back to Baker Ross, who had once before sent them back to continue deliberating after the jurors said they could not agree.
Baker Ross said she would “let me kind of regroup here,” and indicated that lawyers could confer with jurors if desired. She also said she would meet with attorneys to discuss next steps and then decide later whether to declare a mistrial, leaving the immediate outcome unsettled for the defendants.
Ohio Attorney General Dave Yost said in a video statement that “The state of Ohio can and will retry these defendants. Justice needs to be done.” Yost’s statement framed the deadlock as a procedural setback rather than a resolution of the case.
Jones and Dowling were charged in a scheme that prosecutors described as involving alleged roles in a $60 million bribery effort tied to a $1 billion nuclear bailout and other favors. Prosecutors said the bribery involved arranging for lawmakers and regulators to support the bailout effort for two aging nuclear plants associated with FirstEnergy, and prosecutors said the scheme included Householder electing allies, securing legislative power, passing the nuclear bailout legislation, and later defending it from a citizen referendum campaign.
The deadlock left the defendants in legal limbo despite what prosecutors had already said about key elements of the broader investigation. Coverage of the case noted that prosecutors previously secured an admission from FirstEnergy that it underwrote the bribery scheme, and that former Ohio House Speaker Larry Householder had been sentenced to 20 years in prison for orchestrating it.
In this specific trial, prosecutors described the case against Jones and Dowling as more nuanced than the already-resolved portions of the investigation. The charges included allegations of felony corruption, bribery, conspiracy, and aggravated theft connected to a $4.3 million payment. Prosecutors argued that Jones and Dowling bribed Public Utilities Commission of Ohio chair-to-be Sam Randazzo for legislative and regulatory favors, including his work championing House Bill 6, the $1 billion bailout at the center of the alleged scheme.
The defense challenged that account by attacking both the central bribery theory and Randazzo’s role. Jones’ attorney, Carole Rendon, told the judge Tuesday that a mistrial should be declared due to insufficient evidence of bribery against Jones, and Dowling’s attorney, John McCaffrey, said the defense would be “filing a motion for judgement of acquittal.” The defense said the $4.3 million payment represented an above-board legal settlement for services Randazzo provided, and it argued Randazzo bore sole responsibility for any illegal use of the funds.
Trial testimony and evidence described in the coverage included the account of a key December 18, 2018 dinner featuring Sen. Jon Husted and then-Gov.-elect Mike DeWine, along with Jones, Dowling and Josh Rubin, who was described as an advisor to DeWine’s campaign and a lobbyist for FirstEnergy. Coverage also said Rubin provided advice earlier that day on how to lobby DeWine to favor the company’s preferences to chair the PUCO, and that a text in the criminal complaint showed caution about not mentioning an upcoming meeting with Randazzo at his residence.
The coverage described additional text messages involving Randazzo and the executives. It said Randazzo texted Dowling a list of figures for the years 2019 through 2024 showing “Total 4,333,333,” to which Dowling replied, “Got it, Sam,” and “Cool condo.” It also said Jones texted Randazzo the next day, writing, “We’re going to get this handled this year, paid in full, no discount,” adding “Hurricane Chuck may show up on your doorstep,” and that Randazzo replied, “Made me laugh — you guys are welcome anytime and anywhere I can open the door” and asked about how to structure the invoices.
The deadlock means prosecutors and defense attorneys will now move toward the court’s next procedural steps. Baker Ross indicated she would decide later whether to declare a mistrial, even as Yost said the state could retry the case and the defense said it planned to seek judgment of acquittal.