Appealing a verdict is standard, and much of what is in the Amy Senser appeal filed on Friday is normal, but defense attorney Joe Tamburino -- who is not connected to the Senser case -- said three things do stand out.
"No. 1 is the jury instructions; No. 2 is the note from the jury; No. 3 is the request to have a Schwarz hearing, which is a hearing after a verdict -- where a jury gets questioned," he said.
Tamburino said the key issue in the appeal is the handwritten note the jury gave the judge just before the verdict was read.
"This seemed to have been a note requesting the court to announce the verdict in a certain fashion," he said.
Yet, Tamburino added that it's not up to a jury to decide how the verdict will be read. That decision ultimately resides with the judge.
Defense attorney Eric Nelson argues the judge should have told them about the note right away, instead of days after.
But is that enough for a new trial?
"Is that verdict directly attributable to the judge's error? That's going to be the issue," Tamburino said. "I don't think that's the case here only because they already came to a verdict before they gave the judge the note."
The appeal also says the jurors seemed confused based on post-trial interviews, and argues their instructions were poor.
As for the Schwarz request, Tamburino told FOX 9 News that those are rarely granted.
Thursday, May 23 2013 1:43 PM EDT2013-05-23 17:43:15 GMT
Kerry Kennedy has joined farmworkers protesting outside Wendy's shareholder meeting in Manhattan.
Kerry Kennedy has joined farmworkers protesting outside Wendy's shareholder meeting in Manhattan. The protesters said Thursday they want Wendy's to sign an agreement to safeguard working conditions for Florida tomato pickers.
Thursday, May 23 2013 10:06 AM EDT2013-05-23 14:06:33 GMT
Authorities say two New York City men and a New Jersey man kidnapped another man off a Queens street in broad daylight and held him for over a month, demanding $3 million from his family.
Authorities say two New York City men and a New Jersey man kidnapped another man off a Queens street in broad daylight and held him for over a month, demanding $3 million from his family.
Thursday, May 23 2013 9:07 AM EDT2013-05-23 13:07:03 GMT
The NYPD arrested a suspect in the latest anti-gay attack in the city, said police.
The NYPD arrested a suspect in the latest anti-gay attack in the city, said police. The incident Monday night involved two men, who police say, had met at the Bowery Mission and went out drinking together in the East Village. Roman Gornell, 39, was arrested on Wednesday.
Thursday, May 23 2013 9:05 AM EDT2013-05-23 13:05:21 GMT
Hollywood superstar Brad Pitt made a trip to the birthplace of Frank Sinatra on Wednesday night to promote his new movie, "World War Z."
Hollywood superstar Brad Pitt made a trip to the birthplace of Frank Sinatra on Wednesday night to promote his new movie, "World War Z." Pitt stunned the crowd at the Clearview Cinemas when he walked in just before the start of the special screening.
Thursday, May 23 2013 7:23 AM EDT2013-05-23 11:23:09 GMT
New Jersey officials have seized inventory and demanded records from 29 bars and restaurants, nearly half of them TGI Fridays, that they say sold low-quality liquor to patrons who thought they were buying premium brands.
New Jersey officials have seized inventory and demanded records from 29 bars and restaurants, nearly half of them TGI Fridays, that they say sold low-quality liquor to patrons who thought they were buying premium brands.
Thursday, May 23 2013 6:28 AM EDT2013-05-23 10:28:29 GMT
The parolee shot and killed along with a Hofstra University student by police won praise from a state parole panel in 2011 before his conditional release from prison.
The parolee shot and killed along with a Hofstra University student by police won praise from a state parole panel in 2011 before his conditional release from prison.
Wednesday, May 22 2013 10:08 PM EDT2013-05-23 02:08:29 GMT
A bus chaperone is accused of going on a profanity-laced tirade towards a group of 12 and 13-year-olds and a piece of candy may be what started the incident.
A bus chaperone is accused of going on a profanity-laced tirade towards a group of 12 and 13-year-olds and a piece of candy may be what started the incident.
