Closing arguments, deliberation, deadlock, back to deliberation. That’s how the day went for an Ontario County jury tasked with deciding the fate of Michael Orbino Jr., accused of of a rape that dates back to 2008.
After the jury submitted their eighth note to Monroe County Judge Judge Charles Schiano Jr. stating they are deadlocked he issued them an Allen charge, reminding the jurors that the law doesn’t require them to reach a verdict, nor does it require them to violate their conscience and give in to pressure from other jurors. He asked the jury to keep trying.
It was the passionate closing arguments by both defense and prosecution attorneys that launched them into debate.
“The only evidence is just records,” said Assistant Ontario County Public Defender Benjamin Gilmour. “It’s a dangerous game being played here.”
Gilmour was referring to the fact that Ontario County District Attorney James Ritts indicted the case after it was closed by his predecessor back in 2014. The victim alleges Orbino raped her in 2008 behind the old Byrne Dairy on South Main Street in Canandaigua.