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A judge has declared a mistrial in John Dougherty's extortion trial. What happens now?

Oona Goodin-Smith, The Philadelphia Inquirer on

Published in News & Features

PHILADELPHIA —Former labor leader John Dougherty's federal extortion trial ended in a mistrial Thursday after jurors declared they were at a stalemate and unable to reach a unanimous verdict, offering an inconclusive ending to the ex-union chief's third trial in as many years.

So, what happens now?

Why was a mistrial declared?

After 11 hours of deliberations spanning well into the evening Thursday, U.S. District Judge Jeffrey L. Schmehl dismissed the panel of six men and six women, thanking them for their "yeoman's work" in attempting to render a verdict and declaring a "mistrial by manifest necessity."

Based on the length of the weeklong trial and on the extent of the jury's deliberations, the judge said at the end of the day that it was appropriate to declare a mistrial.

By Thursday night, Schmehl said, jurors had sent the judge two notes saying they had reached an impasse in deciding the fates of Dougherty and his nephew, Greg Fiocca. One by one, Schmehl asked each member of the panel whether they were hopelessly deadlocked.

 

"The court believes that based on these responses, that [the jury] cannot agree," Schmehl said.

Is this the end of the case?

As of Thursday night, that remained unclear. Prosecutors did not immediately say whether they intend to retry the case, and they declined to comment as they left the courthouse. Attorneys for Dougherty and Fiocca said they hoped the government would not pursue the case.

"For now, we're happy with the result," said Fiocca's attorney, Rocco Cipparone. "We were hopeful for a not guilty, but we'll take the hung jury at this stage."

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