Judge in Menendez Trial Not Ready to Declare Mistrial

After hours of deliberation and claiming they were in a deadlock, jurors left the courthouse on Tuesday without a verdict. The federal judge was in no hurry to declare a mistrial, despite Senator Robert Menendez’s attorneys urging him to do so.

“There’s no hurry. This is a serious matter. This is not reality TV. This is real life,” said William Walls addressing the jury on Tuesday.

Menendez and a friend of his, Doctor Salomon Melgen have been charged with bribery and corruption. Menendez allegedly used his position to advance Melgen’s business interests. They both claim to be innocent on all charges.

The jury reported on Monday that they could not come to a “unanimous decision” following three hours of deliberations, after which they were dismissed by the judge. On Tuesday morning, Walls encouraged them to review their positions on the case and “consult with one another,” pointing out that he was not trying to pressure them into reaching a verdict. The judge also read some of the instructions he had given the jury two weeks ago.

On Tuesday, defense attorneys asked that the judge questions jurors one by one about their views on the case, if they report once again that they are deadlocked, which, in turn, would result in a mistrial. Prosecutors, on the other hand, want the judge to let jurors deliberate a bit longer.

“We believe in resolution of disputes. Find me a case nationally that (says) a trial court instructing a jury that a hung result could be appropriate,” Walls said.

Raymond Brown, who is also part of Menendez’s defense team, also said “no verdict can be an acceptable outcome to a trial.” The lawyers suggested another alternative as well, that Walls read to the jury another instruction to indicate that a partial verdict is permissible as well. That would mean that the jury can disagree on some counts without being required to pass a unanimous verdict. Walls said he would consider the alternative.

 

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