Judge declares mistrial in Menendez trial

NEWARK, N.J. — Sen. Bob Menendez’s bribery trial has ended in a mistrial after the jury said it was hopelessly deadlocked on the charges against the Democrat and his co-defendant.

Judge William Walls declared the mistrial Thursday.

Jurors had first told Walls on Monday they couldn’t reach a unanimous verdict on any of the 18 counts in the indictment against Menendez and a wealthy friend. They said Thursday they reviewed the evidence “slowly and thoroughly and in great detail” but remained deadlocked.

The trial was in its 11th week. Menendez and Florida eye doctor Salomon Melgen were charged with running a bribery scheme between 2006 and 2013 in which Menendez traded his political influence for luxury vacations and flights on the doctor’s private plane.

Prosecutors have the option of retrying the men. Both deny the allegations.

Menendez also was charged with making false statements for failing to report Melgen’s gifts on Senate disclosure forms.

Outside the courthouse late Wednesday, Menendez had thanked those jurors he said were “asserting my innocence” in the jury room.

Walls could have instructed the jury it is allowed to reach a verdict on some counts but not others, though that type of instruction typically would have followed a note from the jury inquiring about that option. He also could have given them what is referred to as an Allen charge, which is given to a deadlocked jury and urges jurors who are voting against the majority to reconsider their positions to avoid a mistrial.

On Tuesday, Walls said he has not “come close” to giving an Allen charge in his decades on the bench.

During the trial, defense attorneys sought to show jurors that the two men are longtime pals who exchanged gifts out of friendship. They also contended Menendez’s meetings with government officials were focused on broad policy issues and not specifically to benefit Melgen.

The mistrial could aid Menendez by not subjecting him to pressure to step down in the event of a conviction. However, the charges still could hang over him as he seeks re-election next year, assuming the government seeks a retrial.