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Guv's ex-son-in-law's theft case ends in mistrial

Mistrial declared in theft case for Corbett's ex-son-in-law; jurors said sting too flawed to convict.

In this Jan. 18, 2011 photo, Philadelphia narcotics police officer Gerold Gibson sits in attendance of his father-in-law Gov. Tom Corbett's gubernatorial inauguration at the state capitol in Harrisburg, Pa. Several media outlets citing anonymous sources are reporting Corbett's son-in-law is under investigation by the FBI and internal police investigators.  (AP Photo/Matt Rourke)
In this Jan. 18, 2011 photo, Philadelphia narcotics police officer Gerold Gibson sits in attendance of his father-in-law Gov. Tom Corbett's gubernatorial inauguration at the state capitol in Harrisburg, Pa. Several media outlets citing anonymous sources are reporting Corbett's son-in-law is under investigation by the FBI and internal police investigators. (AP Photo/Matt Rourke)Read moreAP

DESPITE VIDEO evidence of Gov. Corbett's former son-in-law taking $140 in marked money during a 2013 FBI and Police Department sting operation, a Philadelphia jury yesterday failed to reach a unanimous verdict.

Common Pleas Judge Diana L. Anhalt declared a mistrial after the jury indicated it was hopelessly deadlocked on all seven charges faced by fired narcotics officer Gerold Gibson, 44.

The jury of nine women and three men began deliberating yesterday morning and worked for five hours before being released by Anhalt.

Assistant District Attorney Douglas Rhoads immediately asked for a retrial, which Anhalt scheduled for Jan. 26.

Gibson was married to Corbett's daughter Katherine when he was arrested but is now divorced, a Corbett spokesman said.

Gibson was charged with receiving stolen property, tampering with evidence, obstruction of the administration of law, misapplying government property and three counts of theft.

"We get ourselves together and get ready to try it again as soon as possible," Rhoads said after leaving the courtroom. "We are very confident in our case and look forward to going against him in the next trial."

Defense lawyer A. Charles Peruto Jr. argued during the trial that Gibson had planned to turn in the money he was recorded taking, but was confronted by investigators before he had a chance to do so at the end of his shift.

Two female jurors told the Daily News exclusively that they also believed the sting ended too soon to determine if Gibson's intent was to steal the money.

For that reason, the two women said they were among the seven jurors who voted to acquit Gibson on all counts, while the remaining five jurors voted to convict him.

"They didn't let it go all the way. Our whole thing was his intent. I don't feel like we could have determined his intent because they stopped him before his shift was over," said a 28-year-old juror from the Northeast.

"I don't know what was in his head, but I felt like the evidence didn't prove that he stole the money," added the juror, who works as a health educator.

"I think he was guilty, in my personal opinion, but they did not prove it," said a 35-year-old juror from Mount Airy. "They had a flawed case, a flawed operation. They should have let him get off work still with the money in his pocket. They should have given him a chance to lie on the paperwork. "The defense raised reasonable doubt by saying, 'This is what they do. They don't do everything on time,' " she added, paraphrasing Peruto's argument that Gibson's only fault was failing to follow department protocol to promptly turn in evidence.

During the Jan. 31, 2013, sting , tiny cameras hidden inside a 1998 Lexus filmed Gibson taking $140 that had been marked and planted as an "integrity test," according to trial testimony.

Gibson was told by a uniformed officer that the Lexus belonged to an unruly suspect who had been taken into custody.

While driving the car to the narcotics unit's headquarters in Juniata Park, Gibson took money from the center console and from the pockets of a pair of sweatpants on the floor, the surveillance video showed.

At the narcotics office, Gibson gave the car keys to his supervisor but left for an assignment without mentioning the money.

When sting investigators brought Gibson back to the narcotics office, he turned over the money. His hands were stained with bright yellow and orange dye that glowed under ultraviolet lights, the jury was told.