Page 6 - ARUBA TODAY

A6 U.S. NEWS
Tuesday 14 November 2017
Video recovered: Menendez jury deadlocked;

!0 more charged in Penn State frat death judge says must keep going

By MARK SCOLFORO eral times the legal limit for a prosecution. His lawyer By DAVID PORTER
Associated Press adult drivers. did not return a message Associated Press
Newly recovered security The house’s security sys- seeking comment. NEWARK, N.J. (AP) — The jury in the bribery trial of Demo-
camera footage from in- tem captured many of the Parks Miller said in a written cratic U.S. Sen. Bob Menendez and a wealthy donor and
side a Penn State fraternity events the night Piazza was statement that the base- friend told the judge it couldn’t reach a verdict on Mon-
house showed a pledge injured, footage that had ment video “clearly de- day on any of the 18 counts against them, prompting the
had been given at least already been played at picts a continuation of the judge to order it to return on Tuesday to continue delib-
18 drinks in less than 90 a preliminary hearing for hazing activity previously erating. The development capped a tumultuous day that
minutes, investigators said those charged previously. captured upstairs,” includ- began with defense attorneys arguing with U.S. District
Judge William Walls over a different issue: public com-
ments made last week by a juror who had been excused
for a previously scheduled vacation.
The juror told reporters she and others were in favor of
acquittal but she anticipated a hung jury. Defense attor-
neys pressed the judge to question jurors, who have been
told repeatedly not to read reports about the case, on
whether any had heard the excused juror’s comments.
Four jurors and three alternates had, but after questioning
them in private the judge directed the jury to restart de-
liberations with an alternate replacing the excused juror.
Three hours later, the jurors sent a note saying they couldn’t
“reach a unanimous verdict on any of the charges.” The
judge instructed them to “have a good meal and good
sleep” and return Tuesday.
Menendez seemed buoyed by the jurors’ note.
“As I said two and a half years ago when I first faced these
charges, I was innocent,” he said. “And clearly there are
jurors who believe in my innocence.”
A mistrial would be a major setback for the government,
which spent more than two years investigating the New
Jersey senator’s ties with Florida eye doctor Salomon Mel-
gen before indicting them in the spring of 2015. For an-
other 2 1/2 years prosecutors filed voluminous legal briefs
in response to defense efforts to have the case dismissed.
The trial is in its 11th week. A mistrial also would represent
Jim Piazza and Evelyn Piazza hold one another as they listen to District Attorney Stacy Parks Miller a mixed bag for Menendez. With the case pending, he
speak during a new conference regarding new evidence in the investigation into the death of
their son, Beta Theta Pi fraternity pledge Tim Piazza, Monday, Nov. 13, 2017, at the Centre County wouldn’t face pressure to step down as he might in the
Courthouse Annex in Bellefonte, Pa. event of a conviction; but, conversely, the charges likely
(Phoebe Sheehan/Centre Daily Times via AP) would be hanging over him as he seeks re-election next
year, assuming the government seeks a retrial. Defense
Monday in announcing But until recently, that did ing giving pledges beer, attorneys argued on Monday that excused juror Ev-
dozens of new charges not include the basement, wine and vodka. elyn Arroyo-Maultsby’s comments that she was told she
related to the pledge’s where Piazza was found “In fact, on video, Tim Pi- couldn’t send the judge a note last week could represent
death. the next morning. azza does not obtain his a breach of protocol. The judge downplayed any notion
Centre County District At- A court affidavit said one own alcohol at any point that the jury had been compromised and accused de-
torney Stacy Parks Miller of the brothers, Braxton — rather, every drink con- fense attorney Abbe Lowell of making an issue of it be-
charged 10 new defen- Becker, purposely deleted sumed was provided to cause “she was on your side.” Prosecutors allege Menen-
dants, reinstated charges the basement footage two him by a fraternity brother,” dez and Melgen between 2006 and 2013 engaged in a
against two people whose days after Piazza died but she said. bribery scheme in which Menendez traded his political
cases had been dropped the FBI was able to recover Piazza’s father, Jim Piazza, influence for luxury vacations and flights on the doctor’s
and added counts against it. said his family was making private plane. The men each face about a dozen counts
five who had previously Becker’s motive, wrote plans for the holidays with- including bribery, fraud and conspiracy. Menendez also is
been charged for ac- State College Police De- out the son. charged with making false statements for failing to report
tions surrounding the Feb. tective David Scicchitano, “Over the last several Melgen’s gifts on Senate disclosure forms.
4 death of Beta Theta Pi was to conceal the worst months we listened to de- Both men deny the allegations. Defense attorneys have
pledge Tim Piazza. One fra- of the drinking and hazing. fense arguments centered sought to show jurors that the two men are longtime
ternity member is accused Detectives also found a around victim blaming or friends who exchanged gifts out of friendship. They also
of deleting the video as po- text from Becker the day how could the defendants contend Menendez’s meetings with government officials
lice were seeking the foot- after the party, saying Piaz- have known they were put- were focused on broad policy issues.
age. za “was technically hazed ting someone seriously at Arroyo-Maultsby’s comments appeared to indicate at
Twenty-six people now into drinking that much.” risk since no one died be- least some, and possibly a majority, of the jurors may be-
face charges in the case. In another text, Becker fore, as if they were entitled lieve the defense’s theory. A mistrial could partly reinforce
Piazza, a 19-year-old engi- used an expletive to say to one free death, or the the view that official bribery cases have become more
neering student from Leba- someone had argued catch all argument of, ‘We difficult to prosecute, a trend traced to last year’s U.S. Su-
non, New Jersey, suffered against getting the pledg- don’t know,’” he said. preme Court ruling that overturned the bribery conviction
a fractured skull, shattered es very drunk “but no one He said “coercing some- of former Republican Virginia Gov. Bob McDonnell. That
spleen and other injuries, listened.” one” to drink as much as ruling played a significant role in how the jury was instruct-
likely during a series of falls Becker, 21, of Niskayuna, his son did “is egregiously ed in the Menendez trial.q
inside the house. He was New York, was charged reckless and, according to ___
estimated to have had a with evidence tampering, the police and the DA, is This story has been corrected to show there are 18 charg-
blood-alcohol level sev- obstruction and hindering criminal.” q es, not 19.