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| Mistrial Is Declared in Senator Menendez’s Corruption Trial | |
| (35 minutes later) | |
| NEWARK — The judge in the corruption trial of Senator Robert Menendez of New Jersey declared a mistrial on Thursday after jurors said they were unable to reach a verdict, bringing an inconclusive end to the first federal bribery trial of a sitting United States senator in decades. | NEWARK — The judge in the corruption trial of Senator Robert Menendez of New Jersey declared a mistrial on Thursday after jurors said they were unable to reach a verdict, bringing an inconclusive end to the first federal bribery trial of a sitting United States senator in decades. |
| “We cannot reach a unanimous decision on any of the charges,” the jurors said in a note to Judge William H. Walls. | “We cannot reach a unanimous decision on any of the charges,” the jurors said in a note to Judge William H. Walls. |
| “We have each tried to look at this case from different viewpoints but still feel strongly in our positions, nor are we willing to move away from our strong convictions,” the note said. | “We have each tried to look at this case from different viewpoints but still feel strongly in our positions, nor are we willing to move away from our strong convictions,” the note said. |
| After interviewing the jurors individually in his chambers, Judge Walls emerged to tell the court that the jurors were hopelessly deadlocked and that as a result “there is no alternative but to declare a mistrial.” | After interviewing the jurors individually in his chambers, Judge Walls emerged to tell the court that the jurors were hopelessly deadlocked and that as a result “there is no alternative but to declare a mistrial.” |
| Following the ruling, Mr. Mendez, a Democrat, seemed both relieved and defiant, denouncing prosecutors who pursued criminal charges against him. “The way this case started was wrong, the way it was investigated was wrong, the way it was prosecuted was wrong, and the way it was tried was wrong as well,’’ he said. | |
| Mr. Menendez, 63, and a friend, Dr. Salomon Melgen, a wealthy eye doctor and political donor from Florida, were charged in an 18-count indictment. Dr. Melgen faced 11 charges, including conspiracy, bribery and honest services fraud. Mr. Menendez faced similar charges plus an additional charge of making false statements on his Senate financial disclosure forms. | |
| One juror told reporters that the jury was never close to a consensus on the charges. | |
| “It was very tense, we were deadlocked right out of the gate,” said the juror, Ed Norris, 49, an equipment operator from Roxbury Township, who said he believed the men were not guilty. | |
| “I just wish there was stronger evidence,” he said. “I just didn’t see a smoking gun. They just didn’t prove it to us.” | |
| And after meeting on Thursday morning, Mr. Norris added, “We just had enough.” | |
| Prosecutors said they had not decided whether they would seek to retry Mr. Menendez and Dr. Melgen. “The Department of Justice appreciates the jury’s service in this lengthy trial,’’ said Nicole Navas Oxman, a spokesman for the agency. “The department will carefully consider next steps in this important matter.” | |
| Judge Walls’ decision came on the fourth day of deliberations here in Federal District Court for New Jersey. The jury also had reported on Monday that it could not agree on a verdict. The judge sent the jurors home and told them to resume deliberations on Tuesday. | |
| In an unusual move, the jury had to restart deliberations on Monday after a juror was excused for a long-planned vacation. | In an unusual move, the jury had to restart deliberations on Monday after a juror was excused for a long-planned vacation. |
| The mistrial comes more than two years after Mr. Menendez and Dr. Melgen were charged by federal prosecutors and more than four years after media reports on the relationship between the men led to the investigation. | The mistrial comes more than two years after Mr. Menendez and Dr. Melgen were charged by federal prosecutors and more than four years after media reports on the relationship between the men led to the investigation. |
| Ultimately, investigators charged that Mr. Menendez abused the power of his office to intervene on behalf of Dr. Melgen, while the doctor used his wealth to essentially keep a senator on retainer. | Ultimately, investigators charged that Mr. Menendez abused the power of his office to intervene on behalf of Dr. Melgen, while the doctor used his wealth to essentially keep a senator on retainer. |
| Throughout the case, lawyers for the men never strayed from a simple theme: they were friends, nothing more, with a relationship that stretched back decades. So close were the two that they referred to each other as “hermano,” Spanish for brother. Any gifts Mr. Menendez received were just an example of Dr. Melgen’s generosity, defense lawyers said. And any actions Mr. Menendez took on behalf of Dr. Melgen, including a Medicare dispute and a port security contract in the Dominican Republic, were part of his interest in broader policy issues that were perhaps sparked by discussions with his friend. | Throughout the case, lawyers for the men never strayed from a simple theme: they were friends, nothing more, with a relationship that stretched back decades. So close were the two that they referred to each other as “hermano,” Spanish for brother. Any gifts Mr. Menendez received were just an example of Dr. Melgen’s generosity, defense lawyers said. And any actions Mr. Menendez took on behalf of Dr. Melgen, including a Medicare dispute and a port security contract in the Dominican Republic, were part of his interest in broader policy issues that were perhaps sparked by discussions with his friend. |
| But prosecutors argued that any friendship between people with power and means could be corrupted and that the many private flights, stays at seaside resorts in the Dominican Republic and a luxury hotel in Paris and hundreds of thousands of dollars in political contributions from Dr. Melgen to Mr. Menendez were evidence of illicit behavior. | But prosecutors argued that any friendship between people with power and means could be corrupted and that the many private flights, stays at seaside resorts in the Dominican Republic and a luxury hotel in Paris and hundreds of thousands of dollars in political contributions from Dr. Melgen to Mr. Menendez were evidence of illicit behavior. |
| The prolonged trial has hurt Mr. Menendez’s political standings and dimmed his prospects for the future. Poll after poll has found his approval numbers plummeting, and a Quinnipiac poll released in September showed that 50 percent of likely New Jersey voters said that Mr. Menendez did not deserve to be re-elected next year. | The prolonged trial has hurt Mr. Menendez’s political standings and dimmed his prospects for the future. Poll after poll has found his approval numbers plummeting, and a Quinnipiac poll released in September showed that 50 percent of likely New Jersey voters said that Mr. Menendez did not deserve to be re-elected next year. |
| Throughout the two-month trial, Mr. Menendez, arrived at the courthouse every day with his Senate staff in tow, running his Washington office from Newark. He rarely spoke with reporters, but was often seen hugging the many supporters who came to court each day. He would occasionally pray, gathering with clergy outside the courthouse and sometimes was heard singing “Amazing Grace” in an elevator. | Throughout the two-month trial, Mr. Menendez, arrived at the courthouse every day with his Senate staff in tow, running his Washington office from Newark. He rarely spoke with reporters, but was often seen hugging the many supporters who came to court each day. He would occasionally pray, gathering with clergy outside the courthouse and sometimes was heard singing “Amazing Grace” in an elevator. |
| Having started his career in New Jersey politics at age 20 on the Union City school board, Mr. Menendez climbed nearly every rung of state politics — mayor, assemblyman, state senator and congressman — before reaching the United States Senate in 2005, when the governor-elect, Jon S. Corzine, picked Mr. Menendez to replace him. | Having started his career in New Jersey politics at age 20 on the Union City school board, Mr. Menendez climbed nearly every rung of state politics — mayor, assemblyman, state senator and congressman — before reaching the United States Senate in 2005, when the governor-elect, Jon S. Corzine, picked Mr. Menendez to replace him. |
| But Mr. Menendez was almost immediately dogged by controversy. Though he had Mr. Corzine’s support, his appointment was delayed as questions were raised by Republicans about his steering $200,000 in political consulting work to a former staff member. | But Mr. Menendez was almost immediately dogged by controversy. Though he had Mr. Corzine’s support, his appointment was delayed as questions were raised by Republicans about his steering $200,000 in political consulting work to a former staff member. |
| Despite the bumps, Mr. Menendez has become one of the most powerful Democrats in the Senate, holding influential positions on the Senate Finance and Foreign Relations Committees. His fierce pro-Israeli position and his unwavering opposition to any thawing of relations with Cuba put him at odds with fellow Democrats at times. | Despite the bumps, Mr. Menendez has become one of the most powerful Democrats in the Senate, holding influential positions on the Senate Finance and Foreign Relations Committees. His fierce pro-Israeli position and his unwavering opposition to any thawing of relations with Cuba put him at odds with fellow Democrats at times. |
| Still, he remains respected by his peers, even as his corruption trial extended through the fall session of Congress. | Still, he remains respected by his peers, even as his corruption trial extended through the fall session of Congress. |
| “We’re glad to see you here,” Senator Bob Corker, a Republican from Tennessee, told Mr. Menendez in October as he convened a hearing before the Foreign Relations Committee. | “We’re glad to see you here,” Senator Bob Corker, a Republican from Tennessee, told Mr. Menendez in October as he convened a hearing before the Foreign Relations Committee. |