NEWARK – Judge Dennis Cavanaugh asks the juryagain if there is a “hopeless deadlock”on one count of the nine-count indictment leveledagainst former state Sen. Joe Coniglio (D-Paramus) and each juror answers in the affirmative.
Cavanaugh dismisses them. Now he talks to counsel.
“It is my obligation is to determine what the position is…I am considering mistrial (in the case of this one count),” the judge says.
The government and defense agree that the judge can declare a mistrial on that one unknown count alone, and turn his attention tothe other eight counts inwhich the jury has rendered a decision.
Cavanaugh says he will declare a mistrial for one count, and bring the jury in to deliver verdicts inthe other eight counts.