The Brooklyn federal jury for former New York state governor’s office staffer Linda Sun’s foreign influence and fraud trial said it cannot agree on a verdict.
“After thoughtful and careful consideration and discussions, we cannot come to a unanimous decisions [sic]”, jurors wrote in their tenth note to US District Judge Brian Cogan, delivered on the afternoon of 18 December.
They cited “fundamental differences on the evidence and interpretation of the law” and said that they “deeply feel that no progress can be made to change any jurors’ judgment on all counts”.
The 12-person group of New Yorkers is trying to decide whether Sun and her husband, Chris Hu, are guilty of a total of 19 charges related to Sun’s alleged Chinese foreign influence and fraud scheme and Hu’s alleged money laundering.
In response to the note, Judge Cogan delivered a directive known as an “Allen charge”, which urged jurors to follow their oath to deliberate towards a “fair and impartial” decision based on the evidence. If jurors fail to reach a verdict, he explained, the case would be retried, but there would be no indication that a different jury would have an easier process.
“I’m going to ask you to keep deliberating,” he concluded. As he spoke, the 12 jurors watched him, some sitting back with their arms crossed and others leaning forward in their chairs.
Prosecutors say Sun used her former positions in the administrations of New York state governors Andrew Cuomo and Kathy Hochul to arrange political favours and lucrative business deals on behalf of China between 2012 and 2023.
The 41-year-old former staffer faces an array of Foreign Agents Registration Act (FARA), immigration fraud, Covid-19 procurement fraud, and related money laundering and conspiracy charges, while 42-year-old Hu, a Queens-based seafood vendor, is charged with hiding some of the fraudulent proceeds using his business and other accounts.
The jury’s note came after roughly four days of deliberation, which began on 12 December but restarted the following week after one juror fell ill. As Judge Cogan read the note in open court before the jury came in, Sun began wiping her eyes, then spoke briefly with Hu before returning to watch the judge speak to the jury. She later smiled and chatted with her lawyers before the jury left for the day.
Jurors had requested to work a shortened schedule for the rest of the day and to skip deliberations on 19 December.
Sun defence lawyer Jarrod Schaffer asked for a mistrial, arguing that one juror’s upcoming replacement could change its “composition” and potentially prejudice his client. The judge immediately denied the motion, calling it “too soon”.
Before the jury left, the judge dismissed the juror, who had unavoidable Christmas travel plans, and replaced her with an alternate.
Deliberations will start anew next week.