AKRON, Ohio — Two former FirstEnergy Corporation executives remain in legal limbo after jurors announced Tuesday they could not agree on a verdict in their corruption trial tied to a massive $60 million bribery operation.
Former CEO Chuck Jones and former senior vice president Michael Dowling faced charges related to their alleged participation in a scheme to illegally influence politicians in exchange for a $1 billion nuclear plant bailout and other benefits.
After deliberating for more than eight days following a six-week trial, the jury informed Summit County Common Pleas Judge Susan Baker Ross they had reached an impasse. The jurors had previously sent multiple requests for clarification to the judge, who had earlier instructed them to continue their discussions when they first reported being unable to reach consensus.
Judge Ross indicated she would permit attorneys to speak with jurors if they chose and would meet with legal teams to determine whether to declare a mistrial. “Let me kind of regroup here,” she said.
Ohio Attorney General Dave Yost, a Republican, released a video statement declaring his office’s intention to pursue the case again. “The state of Ohio can and will retry these defendants. Justice needs to be done,” Yost said.
Defense attorney John McCaffrey, representing Dowling, announced plans to file “a motion for judgement of acquittal.”
The jury’s inability to decide represents an unusual setback for prosecutors, who previously obtained FirstEnergy’s acknowledgment of funding the bribery operation and secured a 20-year prison sentence for former Ohio House Speaker Larry Householder, who coordinated the corrupt scheme.
Householder’s operation involved installing political allies, gaining control in the legislature, enacting the nuclear bailout legislation, and then launching underhanded tactics to prevent a public referendum from overturning it.
However, the charges against Jones and Dowling presented more complex legal questions. Prosecutors accused them of felony corruption, bribery, conspiracy and aggravated theft for providing $4.3 million to someone not yet holding an influential position, though he was positioned to gain such power.
The government’s case centered on allegations that Jones and Dowling illegally paid Sam Randazzo, who was set to become chair of the Public Utilities Commission of Ohio, to secure legislative and regulatory advantages. Prosecutors particularly focused on his support for House Bill 6, the $1 billion rescue package for two deteriorating FirstEnergy-connected nuclear facilities at the heart of the corruption scandal.
Defense lawyers portrayed Randazzo as “a thief” and “a con man” who alone misused FirstEnergy funds. They contended the $4.3 million represented a legitimate legal settlement for consulting work Randazzo performed for the Akron-based utility company, arguing he was solely responsible for any improper use of the money. Randazzo, originally charged with Jones and Dowling, took his own life after entering a not guilty plea.
Jones’ lawyer, Carole Rendon, argued Tuesday that insufficient evidence existed to support the primary bribery charge against her client and requested a mistrial declaration.
The trial’s most prominent witness was U.S. Senator Jon Husted, formerly Ohio’s lieutenant governor, who testified about attending a crucial December 18, 2018 dinner. Present at the meeting were Husted, then-Governor-elect Mike DeWine, Jones, Dowling, and Josh Rubin, who served both as a campaign adviser to the governor and as a FirstEnergy lobbyist.
According to evidence presented in court, Rubin had counseled the executives earlier that day on strategies for influencing DeWine regarding the company’s preferred candidate to lead the PUCO, as detailed in text messages included in the criminal complaint.
Rubin warned them against telling DeWine about their planned visit to Randazzo’s home following the dinner. Later, Randazzo sent Dowling a text message listing dollar amounts for 2019 through 2024, totaling “4,333,333.” Dowling responded: “Got it, Sam. Good seeing you as well. Thanks for the hospitality. Cool condo.”
The following day, Jones also messaged Randazzo, writing: “We’re going to get this handled this year, paid in full, no discount. Don’t forget about us or Hurricane Chuck may show up on your doorstep! Of course, no guarantee he won’t show up sometime anyway.”
Randazzo replied: “Made me laugh — you guys are welcome anytime and anywhere I can open the door. Let me know how you want me to structure the invoices. Thanks.”
