Jury in Zongo trial says it
is deadlocked after 5th day of deliberations
By
SAMUEL MAULL
Associated Press Writer
NEW YORK -- A Manhattan jury said Friday it was deadlocked after
five days of deliberations in the case of a police officer who fatally
shot an unarmed West African artifacts restorer inside a West Side
storage facility two years ago.
The jury, which began deliberating Monday afternoon following a
two-week trial in Manhattan's State Supreme Court, sent out a note
shortly after 4 p.m. saying it was unable to decide the guilt or
innocence of Police Officer Bryan Conroy.
Conroy, 25, the first police officer charged with killing a civilian
since the shooting of Amadou Diallo, is charged with second-degree
manslaughter in the shooting death of Ousmane Zongo, 43, on May
22, 2003. He faces up to 15 years in prison if convicted.
After receiving the note, Justice Daniel FitzGerald seemed ready
to give the jurors an "Allen charge," an admonition to return to
the jury room and keep trying. But then he told them to stop deliberating
and return at 10 a.m. Monday.
"At the very least you'll get a break from the case and the tensions
of it," FitzGerald said. "Try to enjoy your weekend, and relax."
The deadlock note was the only one the jury sent out all day. It
said, "After five days of deliberations, we have come to the point
where we cannot reach a unanimous decision." It was signed by the
forewoman.
Conroy's lawyer, Stuart London, and the prosecutor, Assistant District
Attorney Armand Durastanti, refused to speculate about why the jury
was deadlocked.
The only note the jurors sent out Thursday asked the judge to reread
instructions about the circumstances in which a police officer is
justified in using deadly force.
Conroy's lawyer told the jury in closing arguments that his client
killed Zongo in self-defense after the man tried twice to steal
the officer's gun. Conroy was working undercover, guarding a bin
of counterfeit CDs that had been seized by police, when he shot
Zongo inside the Chelsea Mini-Storage facility on West 27th Street.
Prosecutors say Conroy lied about the self-defense after he recklessly
caused the death of Zongo, a native of Burkina Faso who spoke little
English, by shooting him four times after a chase. Zongo died at
a nearby hospital soon after being shot.
Patrick Lynch, president of the Patrolmen's Benevolent Association,
said he believed the jury was taking its oath seriously and considering
every relevant thing.
"We at the PBA have said we believe this police officer was justified
in his actions, and we still believe that," Lynch said. He refused
to speculate about why the jury was deadlocked.
Sanford Rubenstein, a lawyer for Zongo's family, said he had explained
the justice system here to them so they would understand what outcomes
were possible after trial.
Rubenstein has filed a multimillion-dollar civil suit against the
city and the Police Department on behalf of Zongo's family.
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