Jurors in the trial for former top Gov. Cuomo aide Joseph Percoco say that they can't reach a verdict. The jury had been deliberating for 31 hours over six days. They are due back Tuesday morning, though the possibility of a mistrial looms large over the closely watched bribery case.
The jury has been deliberating whether Joseph Percoco is guilty of taking more than $300,000 in bribes from his three co-defendants, executives with business before the state.
Joseph Percoco, left, leaves federal court on Monday after the jury again said it was deadlocked, with attorneys Michael Yaeger, center, and Barry Bohrer, right.
"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 foreperson wrote Monday morning in a note to the judge less than a half hour after deliberations started for the day.
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.
Prosecutors asked for a partial verdict, but U.S. District Judge Valerie Caproni of the Southern District of NY declined to do so. Another note like this one could lead to a mistrial. A unanimous vote is required for conviction, but the jury can convict on some counts and acquit on others. Caproni told the jurors she appreciated the personal burdens facing some jurors, but reminded them they took an oath to try the case.
The trial is in its eigth week and for the second time in seven days, a note indicates a deadlocked jury. 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.