0531usav Mangano

8728
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - X
UNITED STATES OF AMERICA : 16-CR-540
-against- US District Court

Central Islip, NY
EDWARD MANGANO, LINDA MANGANO,
and JOHN VENDITTO,
Defendants.: May 31, 2018

- - - - - - - - - - - - - - X 10 a.m.
TRANSCRIPT OF TRIAL
BEFORE THE HONORABLE JOAN M. AZRACK
UNITED STATES DISTRICT JUDGE, and a jury.
APPEARANCES:
For the Government: RICHARD P. DONOHUE
United States Attorney
271 Cadman Plaza East
Brooklyn, New York 11201
By: CATHERINE MIRABILE, ESQ.
RAYMOND TIERNEY, ESQ.
LARA TREINIS-GATZ, ESQ.
Assistant US Attorneys
For the Defense: KEVIN KEATING, ESQ.

MATTHEW BRISSENDEN, ESQ.
For Defendant Edward Mangano
JOHN CARMAN, ESQ.

SARA PERVEZ
For Defendant Linda Mangano
Court Reporter: Dominick M. Tursi, CM, CSR

US District Courthouse
1180 Federal Plaza
Central Islip, New York 11722
(631) 712-6108 Fax: 712-6124
DomTursi@email.com
Proceedings recorded by mechanical stenography.

Transcript produced by CAT.
Dominick M. Tursi, CM, CSR

Official US District Court Reporter
8729
1 (The following ensued in the absence of the
2 jury.)
3 THE COURT: At 9:54 this morning, we received a
4 note from our jury. I have marked it Court Exhibit 23.
5 It reads as follows.
6 "We would like a copy of the testimony of
7 William Sena, in writing."
8 So I would ask you to gather it up. I think he
9 wasn't a lengthy witness.
10 MS. MIRABILE: No.
11 THE COURT: It is actually hard for me to
12 remember.
13 MS. MIRABILE: No. It was related to the phone
14 records.
15 And we are in the process of putting that
16 together and are bringing up copies.
17 THE COURT: Good. Once you all agree that the
18 testimony is the testimony, you can send it in. I am not
19 going to come back out. Okay?
20 MS. MIRABILE: That's fine.
21 MR. KEATING: Fine.
22 THE COURT: Thank you.
23 (Recess taken at 10:05 a.m.)
24 (The following ensued in the absence of the jury
25 at 1:45 pm.)

8730
1 THE COURT: Can I see counsel at sidebar,
2 please.
3 (Discussion at sidebar ensued as follows.)
4 THE COURT: I assume that you have all had a
5 chance to look at Court Exhibit 24, which is a note
6 reading:
7 "I can no longer carry out my duties as a juror.
8 I wish to be excused," signed by Marc Tambassopoulos. He
9 was Juror No. 2 and was in fact the foreperson.
10 MR. KEATING: Your Honor, I think we have to
11 make inquiry of Juror No. 2 as to what that all means.
12 THE COURT: Yes.
13 MR. KEATING: I think it is that simple.
14 THE COURT: And then, depending on what he says,
15 we will take it from there.
16 I would suggest we do the inquiry in Judge
17 Hurley's courtroom.
18 MR. CARMAN: Any introductory remarks that you
19 would say to him before he starts?
20 THE COURT: I am just going to say I got your
21 note.
22 Yes. I am going to say to him please, I want to
23 inquire about the reason for your note but don't give me
24 any indication of where the jury stands on the charges,
25 just like I advised you before. This has to do with what

8731
1 the reasons are having to do with why you can't carry out
2 your duties as a juror and want to be excused.
3 I will remind him like 20 times not to tell me
4 where they are. Is that what you are concerned with?
5 MR. CARMAN: Yes.
6 MR. KEATING: And are you closing Judge Hurley's
7 courtroom?
8 THE COURT: Yes. We are going to go there first
9 and then I am going to have Juror No. 2 brought there.
10 And I did not want any of this to be public yet.
11 MS. GATZ: I would suggest the court call the
12 CSOs because I think they could follow wherever we go so I
13 think the court should call the CSOs.
14 MR. CARMAN: We could go out the back door.
15 MS. GATZ: I think you are all not thinking the
16 way the reporters are thinking which is if we all
17 disappear, they are all going to be walking up and down
18 the hallway looking.
19 MR. TIERNEY: I'm sure Judge Hurley's --
20 MS. GATZ: Fine. If you don't want to, that is
21 just a suggestion.
22 MR. KEATING: I think it is easier to just do it
23 in the back and go into his courtroom.
24 THE COURT: Yes. We are going to go into Judge
25 Hurley's courtroom. Nobody's using it.

8732
1 MR. CARMAN: How about chambers? I have never
2 been in your chambers, judge.
3 MS. GATZ: Fine. If people aren't concerned
4 that someone is going to walk in or look through the door,
5 that's fine. I just made a suggestion.
6 THE COURT: Let's go out the back.
7 (There was a pause in the proceedings.)
8 (The following ensued in an available jury room
9 at 1:55 pm.)
10 THE COURT: You are Mr. Tambassopoulos. Right?
11 JUROR NO. 2: Yes, ma'am.
12 THE COURT: We received your note, which I have
13 marked Court's Exhibit 24, which says: "I can no longer
14 carry out my duties as a juror. I wish to be excused."
15 I want to ask you a couple of questions, but
16 before I do: Do not say anything about how the jury is
17 split numerically; how they stand on any of the charges.
18 As I said in my original instructions some time ago, I
19 don't think want to know anything about that. But what I
20 do want to know is the reason that you cannot carry out
21 your duty as a juror and wish to be excused.
22 JUROR NO. 2: Because I believe, through my own
23 personal experiences, I have a certain understanding of
24 like how certain laws should be taken care of, and I feel
25 like no matter that I do in that room, like there's

8733
1 certain people that just didn't want to, you know, see
2 things from different perspectives.
3 THE COURT: Are you saying that people aren't
4 listening to each other? Is that what you are saying?
5 JUROR NO. 2: I believe so.
6 THE COURT: Are they not following my
7 instructions to listen to each other and to deliberate
8 with an open mind?
9 JUROR NO. 2: Personally I believe there is, I'm
10 not going to say who or how many.
11 THE COURT: No. I don't want to know how many.
12 JUROR NO. 2: But I believe there is a certain
13 amount of stigma in that room that is looking at the
14 situation as guilty and need to be proved innocent,
15 instead of the other way around. So I don't feel
16 comfortable.
17 THE COURT: And so you didn't feel that you can
18 function as a juror under those circumstances?
19 JUROR NO. 2: Yes.
20 THE COURT: Okay. Would you just step outside
21 for a minute, sir.
22 (Juror No. 2 leaves the room.)
23 THE COURT: Thank you. Any other questions?
24 Do you want to confer?
25 What would you like to do?

8734
1 ALL COUNSEL: Yes.
2 THE COURT: Do you have any other questions for
3 him because I want to ask him now and then put back in
4 with the jury.
5 MR. KEATING: I would like to confer.
6 (Recess taken.)
7 (The following resumed in the same room.)
8 MR. KEATING: Would you mind if Matt Brissenden
9 attends by phone? I just want to put him on speakerphone.
10 THE COURT: Sure.
11 MR. KEATING: I don't know that he has anything
12 to offer.
13 Matt, we are all here. You are on speakerphone.
14 THE COURT: Okay. So you have had a chance to
15 confer. Mr. Carman?
16 MR. CARMAN: We have.
17 I think one of the things we talked about was
18 whether it made sense to ask the juror whether and to what
19 extent there are any hostilities.
20 He seems to have developed some pretty strong
21 opinions about what is going on in there, one of which is
22 that the jurors are not following the court's
23 instructions, clearly.
24 So another part of this might be reinforcing
25 some of the instructions that they have in their laps in

8735
1 the jury room; specifically, that the burden of proof
2 remains with the government, that they have to honor the
3 fact that the defendants are presumed to be innocent, and
4 that they have to find proof beyond a reasonable doubt.
5 MR. KEATING: And, adding to that, your Honor,
6 we are going to renew our application for a mistrial. And
7 if I could just make a record on that?
8 THE COURT: Yes.
9 MR. KEATING: Obviously, we are in day nine.
10 This is the second deliberating juror who is seeking to be
11 relieved. From our perspective, it is the second
12 deliberating juror who appears to be leaning towards the
13 defense, who is being driven out of the jury room, quite
14 frankly.
15 There have been two Allen charges. There have
16 been four or five notes which read either deadlock or we
17 can't reach agreement. We are in week 12 of a trial which
18 was anticipated to be eight weeks in length.
19 This juror is a New York State cop, so I gather
20 from that he is generally, we don't know this, but we can
21 infer a together human being, a strong kind of person, who
22 wants out of this. At this point that's the level of
23 animus that is going on in that jury room, and, again the
24 second defense juror who is -- and I don't think there is
25 any other view of it -- being driven out.

8736
1 Certainly, the first juror's note reflected the
2 fact that she was being driven out. From her perspective.
3 THE COURT: How do you know she was a defense
4 juror?
5 MR. KEATING: From our perspective, the first
6 one was. I don't know that the government disagrees.
7 They will speak for themselves, of course. But I think
8 she was.
9 This juror has indicated that there is a group,
10 we don't the numbers, who believes the defendants are
11 guilty; their innocence has to be proven. This juror
12 indicated that the jurors are not speaking, they are not
13 following the judge's two Allen charges. They are clearly
14 not following the notion of presumption of innocence,
15 proof beyond a reasonable doubt. That is a charge that is
16 sitting in that jury room with them, and they are not
17 following it.
18 So, your Honor, respectfully, it reaches a point
19 where the appropriateness of the deliberative process
20 trumps the need for a verdict. Their lives are on the
21 line here. This is day nine of clearly a broken-down
22 deliberate process. Severely so.
23 So I think we are beyond the point that a
24 mistrial is warranted.
25 THE COURT: Do you join in that application?

8737
1 MR. CARMAN: I do.
2 MS. GATZ: Your Honor, obviously we see this
3 very differently.
4 I think the fact that he is a New York City
5 police officer, and the first thing he said was people
6 aren't listen to my view, is the word I think he used; or
7 he certainly said in my experience the law is.
8 Maybe they are all or some portion of the people
9 are rejecting the idea that he became the foreperson and
10 is trying to tell them what the law is.
11 I don't think that when a juror comes here
12 complaining, that they are speaking for the panel. They
13 are speaking from their perspective and how they are
14 viewing the way deliberations are going.
15 Maybe they are rejecting his notion of what they
16 should be doing because, as he said, his words, in my
17 experience the law is this and they are not listening to
18 my view of the law.
19 So I think that he wants out because he's not
20 being respected, his view isn't being respected, in his
21 view, in his mind.
22 And so I think that he's potentially the reason
23 that we are getting notes about, in the beginning,
24 remember there was a question about whether they had a
25 question about the law. The first couple of questions, we

8738
1 need further clarification. Maybe he is hijacking the
2 deliberations because he is a cop and he thinks he knows
3 better.
4 So I certainly think that declaring a mistrial
5 is inappropriate at this point. I don't view the other
6 juror as a defense-leaning witness or otherwise. I view
7 her as someone that didn't listen to basically anybody,
8 from my perspective. She seemed to be disinterested and
9 disengaged from the whole process. So I don't know where
10 she stood. And she certainly didn't indicate that, so we
11 are all speculating.
12 But that is not the point. The point is, the
13 jurors, I think she's a separate issue, but this juror
14 seems to be rejecting the idea that other jurors are
15 rejecting his idea on what the law is.
16 MR. CARMAN: Can I just have a quick followup?
17 The one item that he cited was the fact that
18 there is apparently a group of jurors who believe that
19 innocence must be proven, as opposed to their guilt. And
20 so that was the objection, it seemed, that he was
21 referring to and taking exception to the jurors on the
22 other team.
23 MS. MIRABILE: That was his characterization.
24 MR. CARMAN: That was the one thing he referred
25 to.

8739
1 THE COURT: So what is your application?
2 MS. GATZ: Our application is to remove him from
3 the jury and replace him with another alternate.
4 THE COURT: And have them start again?
5 MS. GATZ: Yes.
6 MS. MIRABILE: And I would just note, in
7 response to this is the ninth day.
8 Since the alternate has been put on the jury,
9 technically, since they are supposed to start anew, it is
10 two days.
11 MS. GATZ: Your Honor, it is a ten-week trial.
12 The rule of thumb is a day of deliberations for a week of
13 trial.
14 MR. KEATING: There is no rule of thumb.
15 MS. GATZ: That is my experience doing jury
16 trials. The rule of thumb is that the jurors deliberate a
17 day for a week of trial.
18 Even so, there have been deliberations in this
19 building that have lasted six or eight weeks on a long
20 trial. The Brooks case is a perfect example.
21 THE COURT: That was 18 days.
22 MS. GATZ: Yes.
23 So my point is, we are not getting multiple
24 letters from multiple jurors. They listened to your
25 charge. They went back in the room. They started working

8740
1 again. I think, frankly, that maybe part of the problem
2 is that this juror is imposing his view of the law on the
3 other jurors.
4 MR. KEATING: A couple of points, your Honor.
5 This is a juror that was chosen to be
6 foreperson. He was not Juror No. 1. And we all speculate
7 on this issue, but that suggests to me that this was
8 somebody that was likable to the other jurors.
9 MS. GATZ: Maybe he volunteered. We don't know
10 that.
11 MS. MIRABILE: We don't know.
12 MR. KEATING: I know that. I said I am
13 speculating.
14 So I begin with that premise.
15 No. 2, I just want to flag this issue and then I
16 want to get back to the mistrial because I want to
17 reiterate some points I made earlier.
18 But the two now remaining alternate jurors, they
19 sit in that hallway. I see them every morning. They are
20 walking past the groups of people. People don't even know
21 they are there. I don't know what they heard, Judge, as
22 these alternates wander the hallways. I learned of this
23 yesterday.
24 THE COURT: I didn't know they were wandering
25 the hallways.

8741
1 MR. KEATING: You can ask. We thought they were
2 kept in a room.
3 THE COURT: I thought they were here.
4 MR. KEATING: Right. They certainly spent time
5 in this room. But they are let out, unlike the other
6 jurors, and they wander the hallways. So I'm just
7 flagging that issue.
8 But more to the point, your Honor. I don't want
9 to repeat all of my arguments, but this is the second
10 deliberating juror who wants out, for reasons having
11 nothing to do with their schedule, reasons having directly
12 to do with what's going on in that jury room.
13 And all my other arguments, the two Allen
14 charges and everything else: Put another alternate in
15 there at this point and say start over? There are eleven
16 other jurors sitting there who are on day nine of this.
17 I think it is incredibly unfair to the defense
18 to discharge this juror, who is clearly a defense juror,
19 who has cited the fact that the jurors, I'm now repeating
20 myself, that they are not following instructions, there is
21 a breakdown in communications, they are not following the
22 law, they are not listening to each other.
23 And this isn't day one. It is day nine.
24 MS. GATZ: He is asking to get off. No one has
25 forced him. He's asking. He didn't have to write this

8742
1 letter (sic).
2 THE COURT: All right. I am going to ask him
3 some more questions.
4 Do you want to have him come in.
5 (Juror No. 2 present.)
6 THE COURT: I just have a couple of more
7 questions.
8 JUROR NO. 2: Sure.
9 THE COURT: Is the reason that you can't carry
10 out your duties as a juror because of a level of hostility
11 in there?
12 Are people not listening to each other?
13 Are they not deliberating?
14 I mean, you are a New York City police officer
15 so you are a tough guy.
16 JUROR NO. 2: Some of them are.
17 THE COURT: So before I decide whether I can
18 excuse you, I need to get a sense of what is really going
19 on, without you telling me where people stand on any of
20 the charges.
21 JUROR NO. 2: All right.
22 Well, some of us are deliberating, but there are
23 a few parties in the room that are looking at it the
24 reverse way. And instead of us trying to go through the
25 evidence with the mindset they are innocent until proven

8743
1 guilty, they are doing it the opposite way. And we feel
2 like we're not getting anywhere, so it doesn't make sense.
3 THE COURT: So that's affected you how?
4 Why does that mean that you can't be part of the
5 deliberative process any more?
6 JUROR NO. 2: Because I feel like, no matter
7 what I say, these people, the parties are not going to
8 change their mind. And they refuse to go by your
9 instructions when it comes to how to view the evidence.
10 THE COURT: Okay. Thank you.
11 Would you step outside.
12 (Juror No. 2 leaves the room.)
13 THE COURT: Did he have a question?
14 MR. KEATING: No.
15 Matt, is there any legal argument that you want
16 to advance other than what was stated already?
17 MR. BRISSENDEN: No. I'm just not certain that
18 I see any legal reason to discharge the juror.
19 Everyone's frustrated but that doesn't strike me
20 as a legal basis to discharge the juror.
21 THE COURT: Okay.
22 My view is, I don't see a basis to discharge
23 him. I think that I should give them another instruction.
24 Not an Allen charge. I think I need to give them an
25 instruction about what the deliberative process is and

8744
1 respect for each other's views and then perhaps -- and I'm
2 just putting this out there; you can think about it; I'm
3 not doing it this second; I won't do it without hearing
4 from you; perhaps remind them about either let me know you
5 can't decide; you can decide on some counts or defendants
6 and not others; you can do a partial verdict. Remind them
7 of that.
8 Those are my views. And I'm not going to do
9 this off the top of my head. I'm going to let you think
10 about it and give me your input. But those are my
11 off-the-top-of-my-head suggestions. I do not think there
12 is a basis to excuse him.
13 MR. CARMAN: Would you give them burden of
14 proof?
15 THE COURT: Yes. Remind them of the burden of
16 proof. Remind them of what it means to deliberate.
17 Frankly, I don't know what they think
18 deliberation is.
19 Look, it may be too late, who knows, but that is
20 not a basis to excuse him.
21 I am not happy about what I am hearing about the
22 hostilities and some toxicity in that jury room, but he
23 hasn't given a basis to excuse him.
24 We may be close to the end, but I think I should
25 give them some instruction on deliberative process, burden

8745
1 of proof, maybe partial verdict or no verdict, whatever.
2 MS. GATZ: Your Honor, that expresses his view
3 that they are not deliberating the way he thinks is
4 appropriate. Maybe people walked into that room and felt
5 they were guilty and said --
6 THE COURT: Ms. Gatz, we can't ignore the
7 history of the deliberations so far. So --
8 MS. GATZ: To give an Allen charge again I don't
9 think is appropriate.
10 MS. MIRABILE: Can we just have a minute?
11 MR. KEATING: Before you leave --
12 MS. MIRABILE: We're going to be right back.
13 MR. KEATING: Okay.
14 (Government counsel leave room.)
15 (There was a pause in the proceedings.)
16 THE COURT: Do you have anything to add?
17 MS. GATZ: Your Honor, I think, based on the
18 court's ruling and this juror's answers given to this
19 particular line of questioning, that we consent to the
20 mistrial.
21 THE COURT: Your application?
22 MR. KEATING: Can I just confer a final time?
23 (Recess taken.)
24 (The following ensued at 3 pm.)
25 THE COURT: Have you had a chance to confer with

8746
1 your clients?
2 MR. KEATING: Yes. And we renew our motion for
3 a mistrial.
4 MS. GATZ: And we have no objection to that.
5 THE COURT: Mr. Carman?
6 MR. CARMAN: That is also Linda Mangano's
7 motion.
8 THE COURT: Motion granted.
9 MR. CARMAN: Reluctantly.
10 MS. GATZ: How is October?
11 THE COURT: September 27.
12 MS. MIRABILE: You said September 27? I have
13 the trial September 17.
14 THE COURT: I know. I think I am going to move
15 it.
16 Did you want to be heard?
17 MS. MIRABILE: My comment was only on
18 scheduling.
19 MR. KEATING: Me, too. I have a trial in July.
20 And I have a trial in August. Trying this in September
21 would be --
22 THE COURT: I know. How about October?
23 MR. KEATING: It's better than September but --
24 THE COURT: Then I will pick an October date.
25 MS. MIRABILE: That's fine. September 27 is

8747
1 fine for me, too, if I don't have to do the trials back to
2 back. Like I need --
3 THE COURT: If I pick an October date, can you
4 still do September 17? Walker is, what, one week?
5 MS. MIRABILE: Maybe. Can we confer on this?
6 THE COURT: Where are you on trial?
7 MR. KEATING: I have a trial in Brooklyn. And I
8 have a trial in Riverhead in July. It is a wiretap case.
9 Riverhead will take three to four weeks.
10 THE COURT: And what's the next one? August?
11 MR. KEATING: August. One week long.
12 THE COURT: In Brooklyn.
13 MR. KEATING: Yes.
14 THE COURT: Before?
15 MR. KEATING: It is a state case.
16 MS. GATZ: October 15?
17 MR. CARMAN: I have two trials scheduled in the
18 fall. One with Judge Bianco, which is an 8-week MS-13
19 murder trial. And I have probably a three-week multicount
20 identity theft credit card case before Judge Feuerstein.
21 THE COURT: So October 9 I think is the Tuesday
22 after Columbus Day. That is what I was thinking of.
23 Because I have a criminal trial right after Thanksgiving
24 that I cannot move because I have moved it too.
25 And this will be a much shorter trial.

8748
1 MS. GATZ: I was going to say if you give us
2 enough time --
3 MR. CARMAN: It will only be eight weeks?
4 THE COURT: I think this will be less than a
5 month.
6 MS. MIRABILE: It would have been eight weeks,
7 our case, but for the snow days and --
8 THE COURT: I think this is a month.
9 MS. GATZ: I would just like the opportunity.
10 We would like to write the court a letter giving a better
11 estimate after we have spent some time streamlining the
12 case. I don't want to give a number off the top of my
13 head which is incorrect.
14 MR. CARMAN: Why don't we have a conference in
15 30 days?
16 MS. MIRABILE: I would like to set a trial date
17 so that it is at least on the calendar and we can at least
18 reserve the time; otherwise --
19 MR. CARMAN: Time is already reserved for other
20 trials.
21 MS. MIRABILE: Things fill up all the time.
22 MR. CARMAN: That's true.
23 THE COURT: October 9 you are engaged?
24 MR. CARMAN: Yes. I am committed to Judge
25 Bianco in a three-defendant MS-13 murder case. I'm sure

8749
1 he could replace me and put somebody else on that case.
2 MR. KEATING: Why can't we do a status
3 conference in 45 days for the purpose of seeing where we
4 are all at and setting a trial date.
5 THE COURT: We are doing a status in 30 days.
6 MR. KEATING: Okay.
7 THE COURT: I'm going to go out. I'm going to
8 set a status date. But I am going to want to try this
9 before the new year.
10 MS. MIRABILE: That's fine.
11 THE COURT: I am going to put the note on the
12 record. I am going to call the jury in.
13 Do you want to make your application in court?
14 MR. KEATING: Sure.
15 MS. GATZ: We will just agree.
16 THE COURT: Well, why don't I just announce
17 there is a joint application?
18 MS. GATZ: Your Honor, there is some bad case
19 law for the government moving for it.
20 THE COURT: I am going to say after conferring
21 with counsel I'm declaring a mistrial. Thank the jury.
22 Tell the jury if they want to speak to the press, they
23 can. They may but they don't have to. If they want to,
24 what I would propose is to bring them down to Judge
25 Wexler's jury room so there is not chaos in the hall.

8750
1 Anybody who wants to speak to the press can speak to them
2 there. Otherwise, they can leave.
3 MS. MIRABILE: What about speaking with the
4 attorneys?
5 THE COURT: Yes. Did you want to speak to them?
6 MS. MIRABILE: I think so.
7 THE COURT: I wold let the lawyers speak to them
8 first, then.
9 MS. MIRABILE: Yes.
10 MR. CARMAN: That would be great.
11 THE COURT: Thank you, everyone.
12 (Recess taken at 3:05 pm.)
13 (The following ensued in open court, in the
14 absence of the jury, at 3:20 pm.)
15 THE COURT: Please be seated.
16 All right. I have conferred with counsel.
17 After conferring with counsel, I am declaring a mistrial
18 in this case.
19 I am setting a status date of June 28, at 10:30,
20 to set a new trial date.
21 The defendants' bail is continued. They are out
22 on the same bail conditions they have been under thus far.
23 Are we ready to bring the jury in?
24 MS. GATZ: Yes, your Honor.
25 MS. MIRABILE: Yes, your Honor.

8751
1 THE COURT: Okay. Let's bring the jury in.
2 (The following ensued in the presence of the
3 jury.)
4 THE COURT: Please be seated, everyone.
5 Ladies and gentlemen of the jury.
6 I have declared a mistrial in this case. Your
7 deliberations are over. You are free to go, with our
8 thanks for your very hard work during this long trial and
9 deliberation period.
10 The attorneys may want to speak with you about
11 the case. It is totally up to you as to whether you want
12 to speak with anyone. You are freer to do so or not do
13 so. It is an individual choice for you.
14 In addition, members of the press may want to
15 speak to you. Once again, that is entirely up to you as
16 to whether you want to speak with anyone.
17 Once again, I know I speak for everyone involved
18 in the trial, thank you for your hard work. You are
19 excused. Thank you.
20 (The following ensued in the absence of the
21 jury.)
22 THE COURT: Thank you, everyone.
23 (Proceedings concluded.)
24
25

8752
1 CERTIFICATE OF COURT REPORTER
2 I certify that the foregoing is a correct transcript from

the record of proceedings in the above-entitled matter.
3
4
_______________________________
5 Dominick M. Tursi, CM, CSR
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25


0531usav Mangano

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

0531usav Mangano

Uploaded by

Copyright:

Available Formats

8728

UNITED STATES DISTRICT COURT

-against- US District Court

Defendants.: May 31, 2018

For the Defense: KEVIN KEATING, ESQ.

JOHN CARMAN, ESQ.

Court Reporter: Dominick M. Tursi, CM, CSR

Proceedings recorded by mechanical stenography.

Dominick M. Tursi, CM, CSR

3 THE COURT: At 9:54 this morning, we received a

4 note from our jury. I have marked it Court Exhibit 23.

6 "We would like a copy of the testimony of

7 William Sena, in writing."

8 So I would ask you to gather it up. I think he

9 wasn't a lengthy witness.

10 MS. MIRABILE: No.

11 THE COURT: It is actually hard for me to

13 MS. MIRABILE: No. It was related to the phone

15 And we are in the process of putting that

16 together and are bringing up copies.

17 THE COURT: Good. Once you all agree that the

18 testimony is the testimony, you can send it in. I am not

19 going to come back out. Okay?

20 MS. MIRABILE: That's fine.

21 MR. KEATING: Fine.

22 THE COURT: Thank you.

23 (Recess taken at 10:05 a.m.)

24 (The following ensued in the absence of the jury

Dominick M. Tursi, CM, CSR

3 (Discussion at sidebar ensued as follows.)

4 THE COURT: I assume that you have all had a

5 chance to look at Court Exhibit 24, which is a note

7 "I can no longer carry out my duties as a juror.

8 I wish to be excused," signed by Marc Tambassopoulos. He

9 was Juror No. 2 and was in fact the foreperson.

10 MR. KEATING: Your Honor, I think we have to

11 make inquiry of Juror No. 2 as to what that all means.

12 THE COURT: Yes.

13 MR. KEATING: I think it is that simple.

14 THE COURT: And then, depending on what he says,

15 we will take it from there.

16 I would suggest we do the inquiry in Judge

18 MR. CARMAN: Any introductory remarks that you

19 would say to him before he starts?

20 THE COURT: I am just going to say I got your

22 Yes. I am going to say to him please, I want to

24 any indication of where the jury stands on the charges,

25 just like I advised you before. This has to do with what

Dominick M. Tursi, CM, CSR

2 your duties as a juror and want to be excused.

3 I will remind him like 20 times not to tell me

4 where they are. Is that what you are concerned with?

5 MR. CARMAN: Yes.

6 MR. KEATING: And are you closing Judge Hurley's

8 THE COURT: Yes. We are going to go there first

9 and then I am going to have Juror No. 2 brought there.

10 And I did not want any of this to be public yet.

11 MS. GATZ: I would suggest the court call the

12 CSOs because I think they could follow wherever we go so I

13 think the court should call the CSOs.

14 MR. CARMAN: We could go out the back door.

15 MS. GATZ: I think you are all not thinking the

16 way the reporters are thinking which is if we all

17 disappear, they are all going to be walking up and down