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Jury heads home for the day in LoPorto re-trial

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Albany/HV: Jury heads home for the day in LoPorto re-trial
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The Michael LoPorto case in the hands of the jury after closing arguments happened Tuesday in the re-trial of Michael LoPorto. Lori Chung has more.

TROY, N.Y. -- Day one of jury deliberations in the Michael LoPorto trial wraps up in Rensselaer County Court. Closing arguments were presented Tuesday morning, and the judge instructed the jury shortly after noon.

The former Troy city councilman is accused of forging ballots in a 2009 primary.

During closing arguments, the prosecution told the jury that LoPorto knew exactly what he was doing when he participated in stealing the Working Families Party line by forging ballots. The defense argues there's not enough evidence to prove LoPorto was even a part of the scheme and certainly not enough evidence to convict him.

LoPorto's attorney, Cheryl Coleman, said he was not part of what she calls a boys' club of Democratic insiders who worked to pull this off. Instead, she pointed the finger at former city clerk William McInerney.

Special prosecutor Trey Smith countered that, saying as an elected official, LoPorto not only participated, but knew the laws of how absentee ballots had to be filed and that LoPorto went as far as carrying them in newspaper in order to conceal them.

This is the second trial for LoPorto. He was originally tried with Rensselaer County Democratic Elections Commissioner Ed McDonough. After six weeks of testimony, the jury was unable to reach a verdict, and the judge declared a mistrial.

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