Juror Dismissed in Brancato Cop Slaying Trial

Lillo Brancato is charged with second-degree murder

Updated 3:11 PM EST, Thu, Dec 18, 2008

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AP

A mistrial was avoided Thursday in the trial of a former "Sopranos'' actor accused in the shooting death of an off-duty police officer after it was discovered a juror had been taking notes on testimony and doing research on the case at home.

Lillo Brancato, charged with second-degree murder in the December 2005 shooting death of Officer Daniel Enchautegui, agreed to a substitution with an alternate juror after the original juror was dismissed.  That juror was allegedly doing research at home. Brancato's consent was required to continue the trial because the jury had already started deliberating. If he said no, a mistrial would have been declared.

The jury, which began deliberating Wednesday, must start over.

Prosecutors say Brancato, 32, and an accomplice broke into a Bronx apartment next door to the officer's home. When the officer came to investigate, the accomplice fired at him, hitting him in the heart.

First Published: Dec 18, 2008 3:01 PM EST

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