Prosecutors will not retry a former San Francisco Department of Building official whose corruption trial ended in a hung jury last month.
The San Francisco district attorney’s office today entered a formal motion in court not to retry the case against Augustine “Gus” Fallay, according to Debbie Mesloh, spokeswoman for District Attorney Kamala Harris.
“Based on the evidence at trial and discussions with the jurors, the district attorney’s office believes that retrying this case would not produce a different verdict and is not warranted as Mr. Fallay is no longer employed as a public official,” Mesloh said in a written statement.
On May 15, San Francisco Superior Court Judge Ernest Goldsmith declared a mistrial after the jury found Fallay, 48, not guilty of four counts against him, and announced they were deadlocked on the remaining 29 counts. Jurors had deliberated for a day and a half.
Fallay, who was arrested in August 2005, faced more than 20 years in prison if convicted.
Prosecutors charged that Fallay, 48, solicited and accepted bribes over 12 years, including a $50,000 loan, payments of cash and services for home improvements and meals.
His attorney, Randy Knox, claimed that his client was set up by an unscrupulous loan broker who blackmailed Fallay after the building inspection manager refused to grant him favors.
Fallay was acquitted on three charges involving accepting meals as bribes, and one charge of insurance fraud, according to the district attorney’s office.
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