In a major blow to federal prosecutors, a Newark judge declared a mistrial in the bribery case of Sen. Robert Menendez after the 12-person jury said it was hopelessly deadlocked.
The ruling means the Garden State Democrat avoids both prison and the prospect of losing his Senate seat — for now.
“I find you are unable to reach a verdict and that further deliberations are futile,” Judge William Walls said shortly before 1 p.m. Thursday. “There is no alternative but to declare a mistrial.”
The Department of Justice could still retry the case, although a spokesman for the Washington, DC, office handling the case declined to comment on their plans.
“The department will carefully consider next steps in this important matter and report to the court at the appropriate time,” the spokesman said.
Weighing against the feds’ retrying the case is a sense among some on the jury that the government’s case was too weak to convict.
Juror Ed Norris, 49, an equipment operator from Roxbury, NJ, said 10 out of the 12 people on the panel were ready to acquit the senior senator on all counts because the government’s case, which was based largely on circumstantial evidence, lacked a “smoking gun.”
“I thought he was not guilty,” Norris said on his way out of court Thursday. “I don’t think the government proved it. There is no smoking gun in this case.”
Menendez, 63, gave a speech outside the courthouse that was both emotional and defiant. After thanking his supporters — including fellow Sens. Cory Booker (D-NJ) and Lindsey Graham (R-SC), who testified on his behalf — he sent a warning shot to his adversaries and accused the feds of racism.
“To those who were digging my political grave so they could jump into my seat, I know who you are and I won’t forget you,” he said.
“Certain elements of the FBI and of our state cannot understand, or even worse, accept that the Latino kid from Union City and Hudson County can grow up to be a United States senator and be honest.”
Prosecutors spent weeks trying to prove Menendez accepted lavish bribes — including all-expense-paid vacations and private flights — from his co-defendant Salomon Melgen. In exchange, they argued Menendez used the power of his office to advocate for Melgen, including securing visas for Melgen’s young girlfriends and helping the doctor with an $8.9 million billing dispute with Medicare.
Defense lawyers argued the gifts and favors were the result of the men’s 20-year friendship, not bribery. It was an argument that resonated with some jurors, including Norris.
“I totally thought they were friends. Longtime friends,” Norris said outside of court.
Another juror made similar comments after being dismissed from the panel last week to attend a long-planned vacation.
“They are friends,” Evelyn Arroyo-Maultsby, 61, said. “And if I was rich and I have a lot of money, and if I want to take my friend somewhere, why can’t I?” Arroyo-Maultsby said she was ready to acquit on all counts before she was replaced by an alternate.
Menendez faced 12 counts, including bribery, conspiracy and filing false documents tied to his failure to reports gifts from Melgen on his Senate financial disclosure forms.
Had he been convicted on even one count, he could have been forced out of the Senate by a two-thirds majority vote, which might have allowed outgoing Gov. Chris Christie, a Republican, to pick his successor.
Melgen, 63, was convicted separately of Medicare fraud in Florida earlier this year and still faces prison as a result.
The trial lasted more than two months before the jury began deliberating, for the first time, on Nov. 6. They were ordered to begin anew on Monday after Arroyo-Maultsby was replaced by an alternate.