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BROOKLYN, N.Y. 鈥� Jurors were told to continue working today after they said they were divided on whether hate blogger Hal Turner is guilty of threatening judges.

鈥淲e are hopelessly deadlocked,鈥� the jury wrote in a note around 3:30 p.m. after deliberating for less than three hours. 鈥淭ime will not change our vote.鈥�

But U.S. District Judge Donald Walter urged jurors to keep trying to reach a verdict, and they returned to their deliberations.

This morning, the jury appeared to listen intently as both sides presented their closing statements. As they did throughout the trial, the defense portrayed Turner as an outrageous but harmless radio personality betrayed by the government he鈥檇 served when he was an FBI informant. 鈥淕iving your opinion is not a crime,鈥� said Turner鈥檚 Chicago-based lawyer Nishay Sanan. 鈥淭o criticize the judiciary is not a crime. To do it passionately is not a crime. To be a shock jock is not a crime.鈥�

Prosecutors repeated their contention that Turner was trying to intimidate three federal judges when he told the white supremacist readers of his blog that the men 鈥渄eserve to be killed鈥� and posted their work addresses. 鈥淗e thinks it鈥檚 a threat, he knows it鈥檚 a threat, and every reasonable person ought to also come to what I would suggest is a blindingly obvious conclusion,鈥� said Assistant U.S. Attorney William Hogan.

The jury, which includes several racial minorities, began deliberating shortly after 12:30 p.m. today. They will decide whether Turner is guilty of threatening to assault and murder the 7th U.S. Circuit Court of Appeals judges as a result of blog entries he posted on his website in June. If convicted, Turner would face up to 10 years in prison and a $250,000 fine.

The defense鈥檚 and prosecution鈥檚 delivery of their closing arguments differed markedly from each other: The defense gave an impassioned speech that appealed to the jury鈥檚 belief in the First Amendment, while prosecutors methodically guided jurors through the legal standards they felt they鈥檇 met for proving Turner鈥檚 guilt.

Prosecutors said Turner used his blog to threaten the judges because he disagreed with their decision upholding a handgun ban. 鈥淭his is the essence of the case: Obey my version of what I think the constitution is or I will intimidate and retaliate against you,鈥� Hogan said during closing statements.

Assistant U.S. Attorney William Ridgeway showed a photo of the federal building where the judges worked. Turner had added arrows pointing to 鈥渁nti-truck bomb barriers鈥� before posting it on June 3. 鈥淭he violence the defendant is implying really couldn鈥檛 be more clear,鈥� Ridgeway said.

The prosecution emphasized that Turner鈥檚 post criticizing the three judges mentioned the murder of their colleague鈥檚 family. The June 2 post asserted that the 鈥渃ourt didn鈥檛 get the hint after these killings鈥� of Chicago federal judge Joan Lefkow鈥檚 mother and husband and 鈥渋t appears another lesson is needed.鈥� Turner exploited the tragedy in an attempt to instill fear, Ridgeway said. 鈥淟adies and gentlemen,鈥� Ridgeway said, 鈥渋t doesn鈥檛 get much closer to home for these judges than the reference to Judge Lefkow.鈥� (A white supremacist was convicted in 2004 for soliciting Lefkow鈥檚 killing, but the 2005 murder of Lefkow鈥檚 husband and mother were unrelated to the movement.) Prosecutors also said Turner was aware that the readers of his blog were capable of violence. 鈥淭he defendant knows that the publication of this information poses danger,鈥� Ridgeway said.

But Sanan, the defense attorney, noted that Turner twice called Lefkow 鈥渨orthy of death,鈥� yet was never prosecuted because his words did not amount to an illegal threat. He questioned why Turner was being prosecuted now for a similar statement. 鈥淭he only way it becomes a threat is if you live inside their vacuum,鈥� he said, gesturing toward the prosecution.

The FBI would not have allowed Turner to be a confidential informant if they thought he was dangerous, Sanan said. Even his radio show listeners don鈥檛 take him seriously, Sanan said after reading a comment from one of them. 鈥淭hey think he鈥檚 a joke. He鈥檚 all talk and no action.鈥� Sanan suggested that Turner is being prevented from expressing his opinion because he鈥檚 no longer an FBI informant. 鈥淭he government is trying to take away his voice,鈥� Sanan said. 鈥淭he law requires you to give him his voice back.鈥�

Turner, who was sitting at the defense table, nodded when Sanan said the First Amendment protects vehement criticism of public figures, including federal judges. He whispered to his attorneys several times while prosecutors were speaking. He seemed to be in good spirits, even whistling when he briefly returned to a nearly empty courtroom this afternoon with his wife and son. Turner鈥檚 brother and mother were also in attendance.

With the jury about to deliberate, the prosecution asked the judge to dismiss a juror who鈥檇 said 鈥� after jury selection was complete 鈥� that he wasn鈥檛 sure if he could be impartial because of his strong belief in the First Amendment. The juror also said he remembered reading about Turner while doing legal research. The prosecution said if they鈥檇 had that information they would have used one of their preemptory challenges to strike him; the defense wanted him to remain on the jury.

鈥淗e has been a most attentive juror,鈥� said Judge Walter, who seemed perplexed about what to do. He noted that juror said he could follow the judge鈥檚 interpretation of the law even if it conflicted of his own.

鈥淚 see the arguments on both sides and they鈥檙e both good,鈥� Walter said.聽 After a moment鈥檚 pause, he made his decision: 鈥淭ie goes to the defendant. [The juror] stays.鈥�