Percoco trial jury deadlocked again, could lead to mistrial

NEW YORK (NEWS10) – A deadlocked jury once again in the trial of Governor Cuomo’s former deputy secretary, Joseph Percoco.

Jurors sent a note that says they cannot reach a verdict, but the judge has denied a motion for a mistrial.

The judge sent them back to work , noting when you count the hours – they’ve only been deliberating for 3 and a half days

“I think eventually we’re looking at a hung jury, but we’re not quite there yet,” said Barry Bohrer, Percoco’s attorney.

Joseph Percoco and his legal team left federal court without a verdict in the case against him.

The trial is in its eigth week and for the second time in seven days, a note indicates a deadlocked jury.

One hour into deliberations Monday, jurors wrote to the judge “after considering the facts and the evidence with open minds, and using your instructions as a roadmap, we remain unable to reach a verdict.”

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.

Bohrer expressed his summary of where the trial is at currently, including witnesses that have testified.

“Todd Howe, for starters. The lack of evidence, which we’ve discussed as we come out of the courthouse every day, and they’re having difficulty with the facts and applying the law. Those are the arguments we’ve made so we remain hopeful that good things will happen,” Bohrer said.

Judge Caproni indicates she does not plan to charge the jury a third time

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

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