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Power on Trial: Mangano jury deliberations to enter Day 9

U.S. District Judge Joan M. Azrack, left, listens,

U.S. District Judge Joan M. Azrack, left, listens, as attorney Kevin Keating, center, asks for a mistrialfor his client, Edward Mangano, lower right, Tuesday. Credit: Aggie Kenny

Still waiting

The jury foreman was seen heading down the hallway and toward the jury room at almost 9:30 a.m. Wednesday — and the group, according to a courtroom official, began deliberating just afterward.

All was still in the courtroom until 12:21 p.m., when word of a note from the jury — which was deliberating with a new member — began to spread.

With that, the FBI employees seated at the prosecution table moved to their customary spot in the front-row bench on the prosecution side of the courtroom.

Linda Mangano came in.

She stopped for a hug from a supporter before going on to take a seat beside her attorney, John Carman, at the defendant’s table.

Edward Mangano’s mom and dad came in next, settling along side supporters in the last two benches on the defense side of the courtroom.

Edward Mangano’s lawyer, Kevin Keating, carrying a Styrofoam container, walked in soon after.

And then came two prosecutors, Raymond Tierney and Catherine Mirabile — who a few seconds later were joined by a third, Lara Treinis Gatz.

At 12:27 p.m., the judge’s clerk, Bob, walked into the room bearing sheets of white paper. He handed them out to all sides, and then showed a copy to reporters, who had gathered near the bar.

It was the jury’s note. And it said simply, “We are deadlocked.”

At 12:40 p.m., everyone stood as U.S. District Court Judge Joan Azrack entered the courtroom.

She said she wanted to hear arguments on a proposed Allen charge, that is, instructions she intended to give jurors before sending them back for more deliberations.

Mirabile said she had no objection.

Keating, as he had on Tuesday, asked for a mistrial — which was denied.

From there, everyone waited for three knocks, the signal that the jury was about to enter the room.

Jurors did.

And then, after receiving the Allen charge, they returned to their duties once more.

In the courtroom, several observers had tried to read the jury’s thinking from their body language. To get a clue as to who stood where in the deliberations.

That was, as always, impossible.

No go

There came a time, early Wednesday afternoon, when the courtroom was empty — except for a single reporter and the courtroom artist.

Everybody else was elsewhere.

After Judge Azrack instructed jurors to continue deliberations, the courtroom emptied out, in part because it was safe — for a time at least — to spread out with little concern about the potential of missing a note, or some indication of a verdict, from the jury.

Some court regulars left the building all together, and — like some reverse migration — camera operators and photographers left their perches outside the courthouse to walk across the plaza, into the courthouse and up to the courtroom.

By almost 3 p.m., many of the regulars were back.

Some gathered down the hallway, for a view of one falcon, taking time from a nest near the top of the courthouse.

Carman and Keating commandeered benches in the hallway — which was far cooler than it was on Tuesday, when outside temperatures were in the 80s.

Edward and Linda Mangano were back, but not at the defendant’s table.

Instead, they gathered in a conference room just outside the courtroom — where one of their sons was studying for his bar exam.

At 3:05 p.m., Edward Mangano and a few of his supporters walked out the back of the courtroom, heading for some tables outside. “Need a change of scenery,” Mangano said.

He was out in the courtroom hallway again, 10 minutes from the time deliberations were slated to end.

And then came 5 p.m., when the courtroom emptied out for the evening.

Deliberations are slated to go into a 9th day on Thursday.

For their consideration

Jurors have access to a jury sheet, a road map or sorts wherein the foreman records their decisions — barring, of course, a deadlock.

The initial jury sheet was 11 pages, seven of which dealt solely with counts against John Venditto, Oyster Bay’s former town supervisor.

Last week, when the jury, in a partial verdict, acquitted Venditto on all charges, those pages became moot as the jury returned to deliberate on the remaining counts, those involving Edward and Linda Mangano.

On the six pages that remain, six counts involve Edward Mangano, six counts involve Linda Mangano and one count involves them both.

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