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N.Y. governors' former aide accused of being Chinese agent could face 2nd trial after jury deadlocked

A New York judge declared a mistrial Monday in the case of a former aide to two governors accused of acting as a foreign agent of China after the jury again came back deadlocked. 

The jury in Linda Sun's trial had said last week it was at an impasse, but the judge urged them to keep deliberating. However, the jury said Monday they could not reach a unanimous verdict on any of the 19 counts.

The accusations against Linda Sun 

Sun, who served Gov. Kathy Hochul and former Gov. Andrew Cuomo, was charged with money laundering and bribery, among other charges. Her husband, Chris Hu, was accused of money laundering and bank fraud.

Prosecutors alleged Sun and Hu made millions by selling her influence to the Chinese government and profiting from a personal protective equipment, or PPE, fraud scheme during the COVID-19 pandemic. Both pled not guilty. 

Sun and Hu were arrested last year at their Manhasset mansion. The indictment alleges the two used the funds to buy a condo in Honolulu and luxury cars, including a Ferrari.

Sun spent 13 years in state government and allegedly used her position to prevent officials from Taiwan from meeting with Hochul. She also allegedly forged Hochul's signature and tampered with official messages on issues of importance to China. 

During the trial's opening statements, prosecutors told jurors Sun, "betrayed the state of New York for the Chinese government" and that her "loyalty was for sale."

The defense argued Sun did what she was supposed to do, namely purchasing PPE during the pandemic. 

Prosecutors want a retrial

An alternate juror was present Monday when deliberations resumed because one juror was dismissed due to travel plans. 

After the mistrial, prosecutors told the judge they want a retrial as soon as possible, prompting attorneys for Sun and Hu to criticize the government's case.

"We sincerely hope that the government recognizes what this mistrial means and that it declines to retry such unsound charges again," Jarrod L. Schaeffer, Sun's attorney, said. 

"The government has exemplified the flaws in their theory and the jury has resounded that those flaws with its inability to reach a verdict on any of the counts in this case," said attorney Nicole Boeckmann, who represented Hu. 

A status conference is scheduled for Jan. 26.

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