In eighth week of Joseph Percoco trial, jurors still deadlocked

Elias Hubbard
March 13, 2018

The jury weighing corruption charges against former Gov. Cuomo aide Joseph Percoco said for the second time Monday that it can't come to a unanimous decision.

Defense lawyer Michael Yaeger said, "I don't want to encourage horse-trading in a jury, a jury who has been pushed pretty hard and has been out for a while".

"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", jurors wrote to U.S. District Judge Valerie Caproni. Lawyers for Steven Aiello and Joseph Gerardi, former executives with real estate developer COR Development, have moved for a mistrial, but Walden Macht & Haran partner Milt Williams Jr., who represents Gerardi, withdrew his motion.

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

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

The judge rejected as too "coercive" stronger language that would have suggested a partial verdict, or told jurors that no new jury would find the case any easier.

He is one of four co-defendants.

A written version of her instructions said, "Your final vote must reflect your conscience belief as to how the issues should be decided". "Remember that you each took an oath to try and a true verdict give according to the evidence and the law", she told the panel. The case is very important to the government and it's very important to the defense.

The jury got the case March 1, but Caproni noted Monday morning they had really only been deliberating the equivalent of three-and-a-half days; besides the snow day last week, jurors, citing personal scheduling conflicts, have knocked off for more than a week at 2pm each day.

Caproni today again asked the jury to continue deliberating.

Other reports by Click Lancashire

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