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Twittering juror grounds for appeal

Your IT - Mobility

Defense lawyers in a Pennsylvania corruption trial claim that a juror's Tweets show that he was biased. They plan to present the Tweets as evidence in their appeal.

Eric Wuest was a juror in the trial of former Pennsylvania State Senator Vincent J. Fumo, who stood accused of defrauding various agencies and destroying evidence. Last week, Fumo's lawyers discovered that Wuest had been posting Twitter and Facebook updates about the trial, including one on Friday urging his followers to watch for a "big announcement" on Monday.

The Fumo flap comes days after a Florida judge was forced to declare a mistrial in an 8-week case because nine jurors had been doing online research. (Jurors are supposed to make their decisions only on what is presented in the courtroom.)

Fumo's lawyers filed an emergency motion for a mistrial on Monday, but the judge allowed the trial to proceed. The jury found Fumo guilty, but his lawyers plan to bring up the Twitter issue on appeal. Jurors are also not supposed to discuss cases with anyone outside the courtroom, and one question is whether Twittering or posting Facebook updates qualifies as discussing if no one replies. Wuest told the judge that he wasn't influenced by anyone outside the courtroom, but Fumo's lawyers argued that the presumption should be that the process was tainted until proven otherwise.

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