The jurors told the New York Daily News they did not want the public to believe that the trial ended in a hung jury because they were frightened. They said the final split was 10-2 for conviction.
"No one was intimidated," the forewoman said.
Persico, nicknamed "Allie Boy," is reputedly the head of the Colombo crime family. He and co-defendant John DeRoss were charged with killing Colombo underboss William "Wild Bill" Cutolo in 1999.
Cutolo's body has not been found.
The jurors said Persico gave them hard stares and occasionally put his finger to his head in what seemed to be a shooting gesture during the trial.
"Whether he was saying that would be our fate, I wouldn't go that far, but it was noticed," one juror said.
Three jurors were crying when they came into the courtroom for the last time. The two who talked to the Daily News said that was partly because one of the holdouts started behaving in an out of control way just before the mistrial was announced.
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