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Jury in ex-Cuomo aide’s corruption 

Sunday, April 1, 2018

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trial says they’re deadlocked

By Priscilla DeGregory and Bruce Golding

March 6, 2018 | 1:28pm | Updated

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Joseph PercocoAP

FOLLOW THE STORY

• Jury in ex-Cuomo aide's corruption trial says they're deadlocked

• Jurors focus on Percoco’s wife as deliberations continue

• Jurors begin deliberating in ex-Cuomo aide's corruption trial

• Percoco lawyer: Don't judge my client for using 'Sopranos' slang

• Feds cite wife's 'low-show' job, 'Sopranos' in ex-Cuomo aide's corruption trial closings

• Judge tosses felony charge against ex-Cuomo aide

SEE ALL STORIES

The corruption trial of former top Gov. Cuomo aide Joseph Percoco appeared to be headed toward a hung jury Tuesday, when a note from the foreman revealed that the “only thing we seem to agree on is that we cannot agree.”

The note was among four made public Tuesday morning, with the other three coming from jurors who tried to beg off the case because it was lasting too long.

The flurry of correspondence was revealed during the fourth day of deliberations over conspiracy, bribery and other charges against Percoco, a former top aide to Gov. Cuomo, and three co-defendants accused of paying him more than $300,000 for official favors for their businesses.

Caproni initially told the jury that the trial would last four to six weeks, but it entered Week 7 on Monday — prompting the rebellious jurors to say they’ d had enough.

“I believe I cannot do this anymore! Both my kids are sick and I am not able to find an afternoon appointment for them,” Juror No. 7 wrote.

“I really need to be excused, at this point I feel there is nothing else I can offer to this process.”

A note from Juror No. 9 told Caproni: “My children need their mother back.”

“I can’t afford to continue to pay $20 an hour for a babysitter,” she wrote.

The woman also she’d missed two appointments with her cardiologist and had to returned home early from a family vacation because of the trial,

“In addition, my salary heavily relies on commission,” she wrote.

“I leave this court everyday and go home to spend hours working. I’m up until 12am everynight working. I physically and emotionally cannot do this anymore.”

Juror No. 2, who wrote a two-page note in all capital letters, said: “WITH THIS IMPENDING SNOWSTORM, CONTINUED LOSS OF ELECTRICITY AT HOME AND QUARTERLY MEETINGS I NEED TO FOCUS ON ALL DAY, EVERY DAY, UNTIL MONDAY, I REGRET TO SAY I CAN NO LONGER CONTINUE AFTER TODAY.”

In response to the notes, Caproni told the panel she was “incredibly sympathetic.”

“Jury duty can be burdensome. I recognize it is burdensome for you at this time,” she said.

“The parties to this case, however, are entitled to the jury’s best efforts to reach a verdict in this case, and that requires all 12 of our jurors.”

Earlier, Caproni gave the jury a “modified Allen charge” in which she urged them to “exchange views with the other jurors and listen carefully and respectfully to each other.”

A harsher, “traditional” version of the Allen charge urges minority jurors to reconsider their opinions in light of the majority’s view.

After sending the panel home shortly after 2 p.m., Caproni told the lawyers on both sides, “Hopefully, we’ll have 12 jurors on Thursday morning.”

Deliberations can continue with as few as 11 jurors, but would have to begin anew if an alternate is substituted onto the panel.

Defense lawyer Steven Aiello warned the judge that if that were to happen, “You’re gonna have a revolt.”