Jurors were sent home Wednesday before they could begin deliberating in the Joseph Bongiovanni bribery and corruption trial because a juror called in sick.
"Even a federal judge can't order someone from being sick," U.S. District Judge Lawrence Vilardo said.
Wednesday would have been the fifth day of deliberations, which began April 3 after 24 days of testimony and closing arguments in the trial of the former Drug Enforcement Administration agent. Bongiovanni faces 15 felony charges, including accepting bribes, shielding drug traffickers and lying to investigators.
People are also reading…
Prosecutors urged the judge to replace the ill juror with one of four alternates who remain or to "continue with 11 healthy jurors" who showed up to federal court.
"We should not waste a day," Assistant U.S. Attorney Nicholas Cooper said.
But Vilardo agreed with defense attorney Parker MacKay's suggestion "to wait this out" and see if the ill juror recovers enough to make it to court Thursday.
While that seems doubtful given the juror's fever and chills, Vilardo chose to wait until Thursday before deciding whether to replace the ill juror. If an alternate replaces the ill juror, deliberations have to start over again with the replacement, Vilardo said.
Another juror showed signs of illness Tuesday but reported to court Wednesday.
Patrick Lakamp can be reached at plakamp@buffnews.com
