September 20, 2009
After the Plaintiff's opening statement had concluded, Defense attorney Don Carlson made a motion for mistrial in the case based on comments made by Plaintiff attorney Harvey Levine.
Carlson said remarks concerning Geary being more interested in advertising sales than contestants were intended to bias the jury. He also said remarks raising the issue of abortion could automatically make the jury sympathize with the family, and there had been no voir dire of that issue with the jury.
Judge Lloyd A. Phillips noted no objections had been made, and turned down the motion, but did admonish Levine for making irresponsible statements. Phillips offered the defense an opportunity to draft an instruction to the jury regarding those statements.
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