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The Berkshires

Troy ballot fraud case ends in mistrial

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Albany/HV: Troy ballot fraud case ends in mistrial
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After 3 years and more than two month long trial, a judge declares a mistrial in the Troy Ballot Fraud Case. Our Megan Cruz has more.

TROY, N.Y. -- A judge declares a mistrial in the Troy ballot fraud case.

Former Troy city councilman Michael LoPorto and Rensselaer County Democratic Elections Commissioner Ed McDonough were accused of forging ballots to secure the Working Families line for the Democrats in the 2009 primary.

Last week, the jury told the judge for a second day in a row they were deadlocked and could not reach a verdict, but the judge rejected a defense motion for a mistrial at that time, insisting the jury had not deliberated long enough.

On Tuesday, a mistrial was declared after the judge decided the jurors were indeed deadlocked in the charges against the two defendants But from the judge's decision, it seems like this jury couldn't agree on any of the counts.

The defense gave us their reaction to the mistrial.

"We didn't get not guilty, but at this point in time it was really a necessity to let this jury go," said defense attorney Brian Premo.

LoPorto's attorney, Michael Feit, said, "There is no way this case should ever be retried. The whole thing has been exposed and should be put to rest. The charges against both of these men should be dismissed. I tend to make a motion for the dismissal of the indictment."

"I was hoping for acquittal," said LoPorto. "If they want to [retry the case], we'll welcome the challenge."

McDonough declined to comment at this time, but most of his supporters and those of LoPorto seemed happy with the judge's decision. According to Special Prosecutor Trey Smith, he will retry the two men.

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