The foreman of the jury that dead-locked in the bribery trial of Rep. Daniel J. Flood (D-Pa.) said yesterday his panel "leaned toward not guilty" in a series of votes during the 12 hours it deliberated.
In a telephone interview, Daniel Robinson, foreman of the 12-member panel, said there were two or three 11-to-1 votes for conviction on "a couple of counts." But the majority of the more than 20 ballots the jury took were in favor of acquittal, he said.
Robinson's statements contradicted earlier reports that one juror said a lone holdout prevented the jury from finding Flood guilty on all but two of the 11 felony charges.
U.S. District Court Judge Oliver Gasch declared a mistrial Saturday afternoon after Robinson reported the jury hopelessly deadlocked on 11 counts of bribery, conspiracy and perjury against the congressman.
Government prosecutors have not decided whether to seek a retrial. Asked about a new trial, Robinson said yesterday that given the time it would take and Flood's age, 75, "I don't know whether it would be worth the taxpayers' money."
Robinson said the jury voted for acquittal by 7 to 5, 6 to 6, 9 to 3 and 10 to 2 on the first four counts. "On two counts it was 11 to 1 for guilty," he said.
One juror, identified as William Cash, who could not be reached for comment, "consistently voted" for acquittal, Robinson said. Referring to critical statements about Cash by other jurors Saturday afternoon after the mistrial, Robinson said, "I don't fault him."
He said Cash "voted consistent and probably was the only one who voted consistently."
"I think the communication gap was a problem there," Robinson said, "not just one individual."
The foreman said he was concerned about other jurors' statements raising the issue of their colleagues' age as possible motivation for the deadlock. Juror Johnnie Lyles said after the trial, "All those old men slept through it."
Robinson said he did not see any juror sleeping through the trial.
Although the panel leaned toward a verdict of acquittal on most counts, Robinson said, "It was never voted on to see whether we could come up with the 12 not-guilty votes."