Marathon deliberations that began Thursday have already netted a partial verdict, which U.S. District Judge Karen Caldwell placed under seal.

ELECTION 2004

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The jury returned the partial verdict Saturday, at the conclusion of its third day of deliberations. Caldwell said the jury indicated in a note that they are not hopelessly deadlocked and would like to continue deliberations. The jury is due back in court this morning.

Prosecutors claim Hays is a key figure in an eastern Kentucky election fraud case. Defense attorneys contend he was the unwitting beneficiary of a wayward political activist.

Assistant U.S. Attorney Kenneth Taylor said in his closing argument Thursday that Hays conspired with others in Pike County, including a wealthy Pikeville businessman who was convicted of election fraud last month, in an unsuccessful attempt to sway a race for district judge in 2002.

Taylor said the goal of the conspiracy was to buy enough votes to assure Hays would win. That was to be done with illegal contributions from Ross Harris, the convicted businessman who Taylor said has a history of pumping money into campaigns in return for favors after his candidates are elected.

Defense attorney John West said Hays didn't know that Harris was financing the campaign with illegal straw contributions. In his closing argument, West said Harris volunteered to assist in the campaign after he became angry with the incumbent, Pike County District Judge Darrel Mullins.

Harris and one of his business associates, Glen Turner of Drift, were convicted on election fraud charges in a separate trial last month. The charges against them stemmed from the same election.

Charges against four other Hays campaign workers indicted in the same case were dismissed by prosecutors before the trial began. Another defendant, Tom Varney of McCarr, pleaded guilty and testified against Hays.