Hornsby Retrial Jury Reports Deadlocks, Some Verdicts

The jury in the retrial of former Prince George's schools chief Andre J. Hornsby will continue deliberating today after announcing yesterday that it has reached verdicts on some of the 22 charges but is deadlocked on others.

Hornsby's first trial on public corruption charges ended in a mistrial in November after that jury could not reach unanimous verdicts on any of the counts presented. Hornsby's retrial began last month at the federal courthouse in Greenbelt. The jury began deliberating July 15 after hearing about four weeks of testimony.

The jurors sent a note late yesterday morning to District Judge Peter J. Messitte indicating that they were divided on some of the charges and did not believe they could reach a unanimous verdict on those counts in the indictment.

Defense attorney Robert C. Bonsib asked the judge to allow the jury to announced the verdicts that it has reached, but the judge did not appear inclined to do so. Prosecutors argued against that step.

Instead, as is common when a jury first reports being deadlocked, the judge instructed the jurors to continue deliberating. Messitte gave the jury what is known as an Allen charge, telling each juror to reconsider his or her position with a view toward trying to reach unanimous verdicts on the outstanding counts.

"Of course, none of you should surrender your honest belief as to the weight or effect of the evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict," the instruction read in part. "On the other hand, in the course of deliberations, you should not hesitate to reexamine your own views and change your opinion if you are convinced it is erroneous."

Caught on tape taking what prosecutors said was a $1,000 payoff, Hornsby is accused of using his job as the county's top education official to steer school system contracts in exchange for kickbacks.

Hornsby, 54, is charged with wire fraud, mail fraud, obstruction of justice and other offenses and faces the possibility of many years in prison if convicted.

Late yesterday afternoon, the jury sent another note to the judge, but it was only a request to be excused for the day.

The judge considered calling the jury foreman out to ask whether the jury was making progress, and Bonsib once again asked that the judge take whatever verdicts the jury had.

In the end, the judge did neither. The jury was excused and instructed to return this morning to continue deliberating.