JURY WILL DELIBERATE AGAIN TUESDAY IN MERLINO TRIAL

The jury just isn't coming to any agreements in the charges against Joey Merlino. That's good news in multiple ways for Merlino, but we have to be specific here about the issue.  We don't know for 100% if the jury is deadlocked on all charges or just a few.  When Judge Sullivan was asked about that he said "we aren't at the point yet where I'm going to ask them if they are stalled on one or two or all four, but if we go another day without a verdict, I will then send in a note and ask specifics."  The answer seemed to suffice both the government(who looks defeated) and the defense.

I don't like to make guess work, however looking at this trial for everything it has been, I would have to say every single sign points to a hung jury.  You just have to sample what the jury has asked for to make a determination, all though it's not fool proof.  They wanted to know a clearer understanding of conspiracy, which I found to be a bit strange considering Judge Sullivan literally explained conspiracy for over two hours last week.  They also asked for tapes to be played, and they were the same tapes that attorney Edwin Jacobs told them to listen to.  So you have to believe they are giving it their best at this point.

The problem with the government's case has always been the testimony of John Rubeo.  John Rubeo by all accounts is a career criminal, a junkie, and just not believable in any sense of the word. When Judge Sullivan gave instructions to the jury he explained they didn't have to believe anything Rubeo said, but based on whether they believed him or not they "shouldn't make a decision based on that, but rather the evidence either proven or disproven by the government."  The problem with that statement is that the government  put all it's stock into Rubeo.  

I heard, and I won't confirm but I did hear there were tapes that were not allowed to be submitted into evidence where Rubeo says some pretty nasty and horrid things, which totally would have made the jury see who he really is, but for whatever the case the judge disallowed them, and it's a shame because as far as I am concerned if your going to allow the government to character assassinate Joey Merlino on some ridiculous moral compass then the same thing should be allowed versus Ruebo.  Call it stacking the deck or whatever you want, but it's the truth.  At the same time if we are going to use that bullshit moral compass, then why isn't the FBI on the hook?

Joey Merlino has a past.  Nobody is arguing that.  What I can say, from my own interactions, and from my own eyes and ears at this trial is that their just isn't enough to convict Merlino on anything. One can cherry pick and make assertions about tapes, but these aren't the tapes of the 1980's John Gotti where it's cut and clear about what he's saying.  Instead of being played like some sinister cloak and dagger meeting, it's comes off as two people talking about everyday things with no real factual compunction about them.

Not once, did I hear one tape or one bit from a transcript where Joey discusses any illegal stuff.  Not one text shown, shows Joey having any illegal conversations.  In fact, what it does show, and how it does play is Joey just trying to help some loser out of trouble.  I've said it a million times.  If you're gonna say someone did something, at the minimum gimme something to hang my hat on and say okay that's plausible.  Not in the case.  Nothing. I mean nothing.

The ONLY conspiracy in this case is between Rubeo, Parrello, Kriesberg, and the FBI, who allowed Rubeo 98 of 114 days to go untouched, unfollowed, unscathed.  He could tape what he wanted when he wanted.  He could delete at will, reset at will.  At what point do we as a society say that's acceptable?  These are your tax dollars going into overdrive.  They want Joey Merlino so badly, that they were willing to accept Rubeo, who repeatedly broke every agreement, for the sake of this multimillion dollar trial which hasn't produced anything?  They got what 46 defendants to plead out? They should take that and be satisfied with it, but the government never is, and they are vampires.  They will suck on the host till well after they have died.

On Tuesday the jury will be back at it, but it's my expectation that Tuesday will end the same way Wednesday, Thursday and Friday did.  Why?  Simple.  Joey didn't do anything wrong.