Legal Ethics

Defense Wants Deadlocked Fen-Phen Jurors to Continue Deliberations

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Jurors still weighing the evidence against two lawyers accused of defrauding their clients out of $65 million in a fen-phen settlement aren’t making any headway. But the defense is hoping they will continue deliberations.

Today the jurors said they were deadlocked, but Senior U.S. District Judge William Bertelsman told them to try once again to reach a verdict, the Louisville Courier-Journal reports. Jurors are considering charges against lawyers William Gallion and Shirley Cunningham Jr.

The defense asked that the jury be allowed to continue deliberations while the prosecution said it would accept a mistrial, the story says.

Jurors first told Bertelsman of problems reaching a verdict yesterday, when it acquitted a third lawyer, Melbourne Mills Jr. Mills’ lawyer had argued he was an alcoholic who was unable to form the intent to defraud his clients.

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