Updated 03/09/2012 02:01 PM
Jurors in ballot fraud trial to return Monday for deliberations
Jurors will resume deliberations Monday morning in the ballot fraud case in Troy. They're reviewing the case of Rensselaer County Democratic Elections Commissioner Edward McDonough and former Troy councilman Michael LoPorto. On Friday, jurors failed to reach a verdict after a full day of deliberations. Our Megan Cruz has the story.
To view our videos, you need to
install Adobe Flash 9 or above. Install now.
Then come back here and refresh the page.
TROY, N.Y. -- "If it's half and half, then it's unlikely we're going to get movement," said Michael Feit, LoPorto's attorney.
Another day of deliberations, another note from the jury saying they're deadlocked when it comes to determining whether former Troy Councilman Michael LoPorto and Rensselaer County Democratic Elections Commissioner Edward McDonough were involved in a plot to forge absentee ballots in the 2009 Working Families Primary.
"I don't think there's going to be a verdict in this case," said Brian Premo, McDonough's defense attorney.
"They are not in any way close to reaching a verdict in any of the counts," said Feit.
The first indication of the jury's indecision came late Thursday afternoon. They sent a note to the judge saying they couldn't come to a unanimous decision.
On Friday, the judge gave them what's called a deadlock charge, urging them to keep at it. But come Friday afternoon, still no verdict.
"Everybody's tired. It's been a long process and I'm sure the jury is tired," said Premo.
"I think keeping the jury here and forcing them to deliberate if they no longer have any ability to reach a conclusion is what mistrials are all about," said Feit.
To that end, both defense attorneys motioned for a mistrial. The prosecution opposed this, and the judge sided with the latter, saying in a written decision that the jury had not yet deliberated for an "extensive period of time."
Special prosecutor Trey Smith said "I'm not ready to give up, obviously the judge isn't ready to give up, and I believe that the jurors are not ready to give up. This can be a difficult process and I think the judge is right, he's right on the law and I think he's right in this case."