Eleven members of the jury deliberating in the corruption trial of a former federal agent have a dispute with the remaining juror and expressed concern that they may not be able to reach a unanimous verdict, according to a note from the jury read in court Friday.
The note said there was a “general consensus” that a single juror was being “unduly” in relation to deliberations, but the wording in the message didn’t complete the phrase.
In their note – the precise meaning of which was unclear – the jurors sought guidance from the court, without which they said they don’t think they will “be able to reach a unanimous decision.”
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The note came Friday afternoon during the second full day of deliberations in the trial of former Drug Enforcement Administration agent Joseph Bongiovanni, who faces 15 felony charges, including accepting bribes, shielding drug traffickers and lying to investigators.
The jury is scheduled to resume deliberations at 9 a.m. Tuesday. The Robert H. Jackson U.S. Courthouse is closed Monday because of the solar eclipse.
It appeared the jury’s note may have been missing a word. Federal prosecutors suggested they believed it was possible the note meant to say the juror was “unruly.”
In response to the note, U.S. District Judge Lawrence J. Vilardo reread to the jury parts of the original instructions issued before deliberations began that reminded them of their obligations as jurors.
The jury deliberated for about two hours after receiving that response before they were excused for the weekend. No further note was sent.
Bongiovanni, 59, has been on trial for more than six weeks.
The charges against him revolve around accusations that he accepted bribes and used his position as a federal drug agent to help criminal friends.
Prosecutors argue that those friends included Peter Gerace Jr., owner of the Pharaoh’s strip club in Cheektowaga, and two admitted drug dealers, Ronald Serio and Michael Masecchia.
In exchange for bribes, Bongiovanni provided information to drug dealers and took other steps to insulate them from criminal prosecution, prosecutors said.
Bongiovanni considered Masecchia to be a member of organized crime, prosecutors argued in the trial.
Defense attorneys Robert Singer and Parker McKay told jurors in their closing arguments that prosecutors have failed to prove that their client ever received any bribe payments or that he assisted drug dealers.
One juror was replaced with an alternate Thursday after the juror became ill.
Four alternate jurors remain on standby, not participating in the deliberations.
Reach Aaron at abesecker[at]buffnews.com or 716-849-4602.
