Jurors deciding fate of ex-gubernatorial aide Linda Sun, of Manhasset, say they are deadlocked

The jurors considering the corruption case against former gubernatorial aide Linda Sun, a Long Islander who is accused of acting as an unregistered agent for China in return for millions of dollars in bribes and kickbacks, will continue deliberating on Monday after they told the judge Thursday that they are deadlocked.

"After thoughtful and careful consideration, and discussions, we cannot come to a unanimous decisions," the note from jurors on Thursday afternoon read. "There are fundamental differences on the evidence and interpretation of the law. We deeply feel that no progress can be made to change any jurors judgment on all counts. We continued to work hard through lunches and breaks."

Sun, 41, and her husband Chris Hu, 42, both of Manhasset, have pleaded not guilty to a 19-count indictment accusing Sun, while working as an aide to former Gov. Andrew M. Cuomo and Gov. Kathy Hochul, of advancing the agenda of the Chinese government in exchange for millions of dollars and other benefits.

Hu is accused of laundering the proceeds of the scheme, which prosecutors have said were used to purchase the couple's $4 million Manhasset mansion, a Honolulu condominium, fancy cars and luxury handbags.

U.S. District Judge Brian M. Cogan, after reading the jury's note, told the prosecutors and defense lawyers: "Looks like they can't reach a verdict on any of the counts. ... I think the language of their note suggests they're not getting together on anything."

With the agreement of lawyers on both sides, the judge read the jury an Allen charge, which instructs jurors to continue deliberating. The judge denied a defense motion to declare a mistrial, saying the jury, which earlier had a juror replaced by an alternate after falling ill, had only been deliberating four days.

"We know how hard you're working and we deeply appreciate it," Cogan told the jury Thursday afternoon, before adding: "I want you to deliberate some more nevertheless."

The jury on Monday will begin deliberations anew with a reconstituted body. Juror No. 7 was replaced with an alternate Thursday afternoon because her pre-planned vacation, to begin Monday, couldn't be rescheduled. The jury is not meeting Friday.

Attorneys for both defendants left court Thursday without commenting. Sun and Hu left the Brooklyn courthouse smiling at photographers.

The lawyers have previously argued that Sun was simply doing her job as an adviser on issues important to the Chinese government.

"The overwhelming evidence is that Linda was doing her job," Sun attorney Kenneth Abell told jurors during closing arguments.

But prosecutors have alleged that Sun steered New York State contracts for personal protective equipment — like face masks — to Chinese companies at the beginning of the COVID-19 pandemic in March 2020 in exchange for cash and preferential treatment for her husband's lobster business.

Hu laundered the money through various bank accounts and failed to report it on his taxes, prosecutors have said.

"Linda Sun betrayed the State of New York to enrich herself," Assistant U.S. Attorney Alexander Solomon told jurors during closing arguments. "She did the bidding of the Chinese government so that she and her husband, Chris Hu, could get rich."

Hu's attorney, Nicole Boeckmann, argued New York State was desperate for masks and protective gear in the early days of the pandemic so there was no need to steer business to China, a place where those products are largely manufactured. She added the company that had fulfilled the contract provided qualify products at a fair price.

"There was no competition," Boeckmann said.

Sun also made multiple trips to China, which were paid for by the government, prosecutors have said, and received gifts, including tickets to the Chinese National Traditional Orchestra concert at Carnegie Hall in December 2015 and Nanjing-style salted ducks prepared by a Chinese government official’s personal chef, which were delivered to the residence of Sun’s parents, prosecutors have said.

Sun did not report any of the gifts or travel on her annual ethics forms.