The defense in the Tim Durham trial moved for a mistrial this morning.

Durham attorney John Tompkins argued that one of his colleagues, defense attorney Bill Dazey went too far in his argument for his client Jim Cochran. Cochran is one of Durham's business partners and is also on trial. Tompkins argued that Dazey shouldn't have presented the question about whether the partners were involved in a "scheme." Dazey said, "There was a scheme to defraud, but was anyone let in on that fraud?" Tompkins believed that was enough to move for a mistrial, something the judge denied. The jury is now in deliberations.

Before going in, jurors requested a dictionary, but the judge denied the request after Tompkins argued that if jurors had questions about anything at all, attorneys needed to know about them. Federal prosecutors say Durham and partners bilked five thousand investors in a $200 million Ponzi scheme.