Percoco jurors say, again, they are deadlocked

Remigio Civitarese
Marzo 13, 2018

Jurors sent a note that says they can not reach a verdict, but the judge has denied a motion for a mistrial. The jury had been deliberating for 31 hours over six days.

Defense attorneys said there were no bribes.

The jury is midway through its seventh day deliberating conspiracy, bribery and other charges against ex-Cuomo aide Joseph Percoco and three co-defendants accused of paying him more than $300,000 for official favors.

The 12-member panel had also written Caproni this past Tuesday saying that it had hit an impasse, and she instructed them to keep working.

Which means another note like this and we could have a mistrial.

"After considering the facts and the evidence with open minds, and using your instructions as a roadmap, we remain unable to reach a unanimous verdict", the jury foreman said in a note issued on Monday morning.

Last week, three jurors asked to be dismissed from the case.

Prosecutors asked for a partial verdict, but U.S. District Judge Valerie Caproni of the Southern District of NY declined to do so.

He is one of four co-defendants. Lawyers for defendants argue such an explicit instruction could be coercive and prod some jurors to vote for a conviction. Caproni told the jurors she appreciated the personal burdens facing some jurors, but reminded them they took an oath to try the case. The case is very important to the government and it's very important to the defense. The parties are entitled to your continued best efforts to reach a verdict as long as you can do so without violating your individual judgment and conscience, " Caproni told the jury.

Outside the presence of the jury, she told lawyers that if she got another deadlock note, she would declare a mistrial and release the jury.

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