Jurors have deliberated for another day without rendering a decision in the government versus Shelton developer James Botti.
The jury was dismissed at about 4:20 p.m. Monday from U.S. District Court in New Haven, where the trial has been held since Nov. 2.
Senior District Judge Charles Haight instructed the jurors not to talk about or read about the case between then and 9:30 a.m. Tuesday, when they are scheduled to reconvene their deliberations.
Botti, 46, is charged by the federal government with conspiracy to structure money, structuring money and two counts of making false statements to an IRS agent.
The jury began deliberations Friday afternoon.
Deja Vu?
Monday’s session began with the jury’s request to re-hear testimony from Botti’s ex-wife, Kelly.
The jury had also asked to re-hear the same testimony on Friday.
Jurors Monday listened again as Kelly Botti testified about seeing cash on a desk in one of the rooms in James Botti’s office on Bridgeport Avenue.
Kelly Botti said James Botti had instructed her to help count the money that day, and she hadn’t counted to $10,000 before another office worker knocked on the door.
James Botti told Kelly Botti “not to let him in,” Kelly Botti had testified, so she left the room and the cash on the desk.
Sometime during that same week, Kelly Botti saw cash on the bed in her and James Botti’s master bedroom. She estimated that almost $1 million was on the bed.
Jurors Monday also re-heard Kelly Botti’s testimony about a discussion she had with Peter Botti about when banks would require a currency transaction report be filled out.
James Botti was in the room during the conversation.
Hung Jury?
A note brought out later in the afternoon indicated the jury is having trouble finding consensus on at least one of the criminal charges levied against Botti.
At 1:49 p.m., Judge Haight read a note sent in by the jury asking what to do if they can’t agree on a verdict for one of the charges.
“If we have a ‘hung jury’ on any count, how do we indicate that on the verdict form?” the note read.
Haight told jurors the law allows them to render a verdict on some charges and not all, but he asked them to go back and continue deliberating the case.
Haight reminded them that their unanimous verdict must “reflect the conscientious judgement of each juror.”
Haight told the jury there is no rush, and they should reflect on his instructions and see if they are able to come up with a verdict. If they are unable to come up with a unanimous decision on certain counts, Haight said they should send out another note indicating so.
“Do no ever change your mind… just to get the case over with,” Haight said. “In the end, your vote should be exactly that – your vote.”
The following information was originally posted at 1:55 p.m.:
The jury in the James Botti case indicated this afternoon they are having trouble finding consensus on at least one of the criminal charges levied against the Shelton developer.
At 1:49 p.m. in Judge Charles Haight’s courtroom in New Haven, the jury sent a note to the judge asking what to do if they can’t agree on a charge.
“If we have ‘hung jury’ on any count, how do we indicate that on the verdict form?” the note read.
Haight told jurors they could render a verdict on some charges and not on others.
He then asked them to go back and to continue considering the case.
Earlier in the day, the jury asked to hear, again, testimony from Kelly Botti, James Botti’s ex-wife.
Botti, 46, is charged by the federal government with conspiracy to structure cash deposits, structuring money and two counts of making false statements to the IRS.
The jury has been deliberating since Friday.
