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“Whether it is highly prejudicial for trial jurors to learn from extrinsic evidence obtained outside of the courtroom that multiple deaths resulted from the charged fraud offense.” “Whether a district judge conducts a ‘full investigation’ into jury misconduct if he delivers a chill-inducing warning to jurors before taking their testimony, refuses to question a juror regarding prior inconsistent statements and refuses to ask if learning of deaths impacted their verdict.” She also wants to know whether the opinion of the three-judge appeals panel conflicts with Parker v. Gladden. Weil’s 24-page brief supports the “en banc” petition filed by Joseph R. Pope, Michael Parnell’s attorney. It requests all 11th Circuit judges hear the appeal, instead of a three-judge panel. Before the 2014 trial, attorneys for the DOJ and the assistant attorney for the Middle District of Georgia agreed not to introduce any evidence about the outbreak deaths at trial because of its potential for prejudicial impact. The government attorneys promised only to present evidence of illnesses. At trial, an epidemiologist and an “elderly witness” explained about the symptoms of salmonellosis, but there was nothing about deaths. Juror No. 34 changes story on misconduct The 35-day trial came under the jury misconduct charge shortly after it was over. “Juror 34” ran into Wilkerson at a local athletic event.
For the original version including any supplementary images or video, visit http://www.foodsafetynews.com/2018/04/parnells-new-lawyer-says-brothers-are-entitled-to-a-new-trial/
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