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Power on Trial: A third note, but no decision in Manganos' retrial

Ed and Linda Mangano, arrive at federal court

Ed and Linda Mangano, arrive at federal court in Central Islip on Thursday. Credit: James Carbone

Quick start

Edward Mangano, Nassau’s former county executive, and Linda, his wife, were seated with friends and family in the courtroom cafeteria early Thursday when John Carman, Linda Mangano’s defense attorney, got word that the jury had sent out its third note.

Deliberations had begun at 9:37 a.m.

The note, written by the jury foreman, came at 9:47 a.m.

“Can we have the testimony of Montesano and Delgado: in addition, the testimony of the gmail stipulation?” it read. “Thank you.”

By 10:04 a.m., when U.S. District Court Judge Joan Azrack took the bench, the Manganos, their defense attorneys and their supporters were seated in the ninth floor courtroom.

“Our hardworking jury has sent a note out ...,” Azrack said.

“So get it together,” she instructed both sides.

Note notations

Although the handwritten note said “Delgado,” Azrack went on to get agreement from prosecutors and defense attorneys that the testimony jurors sought actually had come from “Dallago” --  that is, Karen Dallago, a hospitality design firm owner hired by businessman Harendra Singh to renovate one of his restaurants.

The name Montesano referred to Assemb. Michael Montesano, a Republican who testified that he was told  by a party official to give a job to Linda Mangano, which, Montesano said, he refused to do.

The gmail stipulation actually refers to an agreement between prosecutors and defense attorneys that Google does not maintain a server in New York, which would mean that some gmail from the service introduced during the trial traveled interstate.

You’ve got (g)mail

The Google stipulation could -- with emphasis on the “could,” because only jurors know for certain -- tie in to the panel’s consideration of honest services fraud charges that prosecutors allege against Mangano.

According to the judge’s instructions to jurors, the panel, in considering the charge, would have to determine whether prosecutors proved four elements beyond a reasonable doubt.

One of those elements is whether interstate wire services -- i.e. Google -- “were used in furtherance of … [a] scheme to defraud.”

Day is done

Edward and Linda Mangano and their supporters -- along with Carman -- left the courtroom not long after Azrack left the bench.

The group went back to the cafeteria -- and, once that shut down, to another floor.

Edward Mangano did not return to the ninth floor courtroom for the rest of the day, although his attorney, Kevin Keating, remained.

Linda Mangano, who had a birthday on Thursday, did come back shortly before 5 p.m., but only to gather the couple’s belongings.

In the minutes before deliberations ended -- after  31 ½ hours over five days -- the courtroom filled, only to empty once word came that jurors were leaving.

Keating, along with prosecutors, reporters and spectators, headed for the elevators.

The Manganos already were on the first floor, walking toward the building’s entrance.

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