NEWARK, N.J._The sixth full day of deliberations at the corruption trial of U.S. Sen. Bob Menendez came and went without a single note or question from the jury _ and no verdict.
Jurors emerged from 5{ hours of discussions Wednesday afternoon with their heads hung, seemingly fatigued. U.S. District Court Judge William H. Walls dismissed them for the day and asked them to return Thursday morning.
Since Monday, when jurors told Walls they were deadlocked on all 18 counts against Menendez and his co-defendant Salomon Melgen, there has been no sign of whether they have moved closer to a consensus.
After court Wednesday, Menendez said he hoped jurors would reach a verdict of acquittal on Thursday, averting the need for the trial to spill over into the week of Thanksgiving.
"I hope that they come to a verdict across the board of innocence and I look forward hopefully to tomorrow being that day," Menendez said.
Walls has not said whether he would ask jurors to sit Friday. Since the start of the trial on Sept. 6, jurors have always had Fridays off.
Walls on Wednesday did not address a request defense attorneys made a day before to instruct jurors that a hung jury is an acceptable outcome.
He also offered no response to a legal brief defense attorneys filed Wednesday morning in which they "pre-emptively" advised the judge on what to do if the jury at some point indicates it is still deadlocked.
Referencing the 3rd U.S. Circuit Court of Appeals' model criminal jury instructions, they said Walls should initiate a "polling process" by which he asks the jury foreman "whether in your judgment there is a reasonable probability that the jury can arrive at a unanimous verdict in this case if sent back for further deliberations."
If the foreman says the jury is deadlocked, then the judge should question each juror individually about the chances of resolving the deadlock. From there, according to the brief, the judge can decide whether to give the jury a supplemental charge or take other steps, including declaring a mistrial.
On Tuesday, the lead prosecutor, Peter Koski, argued that, before initiating the polling process, Walls should consider instructing the jury about a so-called "partial verdict" in which jurors can reach a verdict on some, but not all, counts.
The jury deliberated for three full days last week before a juror was excused to take a long-planned vacation. Walls replaced her with an alternate and advised the jury on Monday morning to start considering the charges "from scratch."
Menendez and Melgen, a wealthy Florida eye doctor and the senator's longtime friend, stand accused of striking a corrupt bargain to swap official favors for gifts and political contributions.
Menendez allegedly used his office to help Melgen secure visas for his foreign girlfriends and to intervene in a pair of business disputes in exchange for bribes in the form of luxury vacations, free flights on Melgen's private jets and $660,000 in political contributions.
Both men deny the charges. Menendez, 63, has said he will be "vindicated" at trial and will run for re-election next year.
In total, Menendez faces six counts of bribery, three counts of honest services fraud and one count each of conspiracy, interstate travel to carry out bribery and making false statements on his congressional financial disclosures to conceal the crimes.
Melgen, 63, faces the same charges except the false statements accusation.
The fraud charges carry the most serious penalty of up to 20 years in prison.
