Pedro Espada's trial grinds to halt; 1 juror 'refusing' to deliberate
Last Updated:
8:27 PM, May 2, 2012
Posted:
5:35 PM, May 2, 2012
This hard-head could hang Pedro’s jury.
Ex-state Sen. Pedro Espada Jr.’s federal embezzlement trial screeched to a halt today after the jury revealed that one of its 12 members has “refused” to deliberate from the very beginning.
“We have a sticky wicket here,” quipped Brooklyn federal court Judge Frederic Block, after being told — for the second day in a row — that the jury had a mule-like member.
“One juror is allegedly not engaging in deliberations.”
Block received a note signed by several jurors, who said: “After five or 10 minutes from day one of deliberations, one of the jurors refused to be open to deliberations and announced that the juror’s mind was made up.”
The jury began deliberating Monday. Yesterday, Block told lawyers
that there had been raised voices in the jury room, and complaints about
one juror.
Today’s note set off a buzz of speculation among prosecutors and lawyers for Espada and son Pedro Gautier Espada, who are charged with swindling hundreds of thousands of dollars from the federally supported Soundview Healthcare Network charity in The Bronx. The charity was founded by the elder Espada.
Block, without calling the jury out to the courtroom, told both sides that he would speak to the entire jury about the issue when they return to court tomorrow.
He'll then interview the unidentified juror, outside the presence of both the other jurors and lawyers in the case, Block said.
Depending on what he hears, Block has several options.
He can either allow the juror to remain on the panel, likely after reminding all panelists that they have a sworn duty to deliberate the evidence and charges.
But Block — if he finds that the juror is adamantly refusing to weigh evidence — could boot that panelist and have the remaining 11 continue deliberating. Block earlier had dismissed alternate jurors, meaning that they cannot now be called back to fill a vacancy.
Block noted that there's a difference between a juror who resolutely refuses to even deliberate — which is grounds for dismissal from the juror — and a juror who has made up his or her mind after fairly deliberating, which is not grounds for dismissal.
Block then had his deputy tell the jurors in their assembly room to go home “and have a good sleep,” and then return tomorrow.
Afterwards, Espada Jr. said outside of court: “This is a delicate stage of deliberations, and I would ask that people respect all 12 jurors. They have a difficult job, they’ve been here for two months, and let’s just have respect for the process.”
Prosecutors in those two months laid out a staggering amount of evidence showing how the Espadas allegedly charged a raft of personal expenses -- including sushi dinners, vacations, birthday parties, flowers and other goodies -- to Soundview and a cleaning company they controlled. Much of those expenses were later claimed to be business-related.
The overwhelming majority of Soundview’s funding came from government grants and reimbursements for services, meaning that taxpayers allegedly footed the bill for the defendants' lavish lifestyle.
Former state Sen. Espada earlier today blamed Gov. Cuomo for Soundview’s current dire financial straits.
“He’s got no moral compass, Mr. Cuomo does!” Espada sputtered, accusing Cuomo and the state Health Department of ordering health maintenance organizations not to reimburse Soundview for Medicaid-covered treatment of poor Bronx residents, even as a state court mandates they do so.
Soundview recently began turning away many of its patients, citing a lack of cash, and claimed it is owed back payments totaling $800,000 from the Health Department and HMOs.
“People may die as a result of their actions!” Espada said of Cuomo and the Health Department.
A Cuomo spokesman said: “Out respect for the jury process, we will have no comment while this federal criminal matter is pending.”
A Health Department spokesman said the department “complied with all applicable rules and regulations and honored all court orders that were issued.”
At Soundview today, Lisa Scott, 50, and her 10-year-old son Elijah were turned away as they sought treatment for her high blood pressure and his asthma, respectively
“I came Monday and I came today,” Scott said. “It’s the same result. I can’t get any treatment.”
Ex-state Sen. Pedro Espada Jr.’s federal embezzlement trial screeched to a halt today after the jury revealed that one of its 12 members has “refused” to deliberate from the very beginning.
“We have a sticky wicket here,” quipped Brooklyn federal court Judge Frederic Block, after being told — for the second day in a row — that the jury had a mule-like member.
“One juror is allegedly not engaging in deliberations.”
Block received a note signed by several jurors, who said: “After five or 10 minutes from day one of deliberations, one of the jurors refused to be open to deliberations and announced that the juror’s mind was made up.”
Today’s note set off a buzz of speculation among prosecutors and lawyers for Espada and son Pedro Gautier Espada, who are charged with swindling hundreds of thousands of dollars from the federally supported Soundview Healthcare Network charity in The Bronx. The charity was founded by the elder Espada.
Block, without calling the jury out to the courtroom, told both sides that he would speak to the entire jury about the issue when they return to court tomorrow.
He'll then interview the unidentified juror, outside the presence of both the other jurors and lawyers in the case, Block said.
Depending on what he hears, Block has several options.
He can either allow the juror to remain on the panel, likely after reminding all panelists that they have a sworn duty to deliberate the evidence and charges.
But Block — if he finds that the juror is adamantly refusing to weigh evidence — could boot that panelist and have the remaining 11 continue deliberating. Block earlier had dismissed alternate jurors, meaning that they cannot now be called back to fill a vacancy.
Block noted that there's a difference between a juror who resolutely refuses to even deliberate — which is grounds for dismissal from the juror — and a juror who has made up his or her mind after fairly deliberating, which is not grounds for dismissal.
Block then had his deputy tell the jurors in their assembly room to go home “and have a good sleep,” and then return tomorrow.
Afterwards, Espada Jr. said outside of court: “This is a delicate stage of deliberations, and I would ask that people respect all 12 jurors. They have a difficult job, they’ve been here for two months, and let’s just have respect for the process.”
Prosecutors in those two months laid out a staggering amount of evidence showing how the Espadas allegedly charged a raft of personal expenses -- including sushi dinners, vacations, birthday parties, flowers and other goodies -- to Soundview and a cleaning company they controlled. Much of those expenses were later claimed to be business-related.
The overwhelming majority of Soundview’s funding came from government grants and reimbursements for services, meaning that taxpayers allegedly footed the bill for the defendants' lavish lifestyle.
Former state Sen. Espada earlier today blamed Gov. Cuomo for Soundview’s current dire financial straits.
“He’s got no moral compass, Mr. Cuomo does!” Espada sputtered, accusing Cuomo and the state Health Department of ordering health maintenance organizations not to reimburse Soundview for Medicaid-covered treatment of poor Bronx residents, even as a state court mandates they do so.
Soundview recently began turning away many of its patients, citing a lack of cash, and claimed it is owed back payments totaling $800,000 from the Health Department and HMOs.
“People may die as a result of their actions!” Espada said of Cuomo and the Health Department.
A Cuomo spokesman said: “Out respect for the jury process, we will have no comment while this federal criminal matter is pending.”
A Health Department spokesman said the department “complied with all applicable rules and regulations and honored all court orders that were issued.”
At Soundview today, Lisa Scott, 50, and her 10-year-old son Elijah were turned away as they sought treatment for her high blood pressure and his asthma, respectively
“I came Monday and I came today,” Scott said. “It’s the same result. I can’t get any treatment.”
Read more: http://www.nypost.com/p/news/local/brooklyn/pedro_espada_trial_grinds_to_halt_UkWdRXCGQj64n65G7ScNdM#ixzz1tlfPvq5Y
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