The lawyer for convicted killer Michael Roseboro has responded to a prosecutor's claims that comments posted by a juror on Facebook were "innocuous."
The posts, defense attorney Allan Sodomsky contends in a new court filing, "show a juror inclined to convict, bored and angry about how long the trial was taking and then urged by a 'friend' to 'fry him.' "
Roseboro's attorney is asking for a detailed hearing in Lancaster County Court, at the very least, to determine whether the juror was influenced by anyone before convicting the funeral director of first-degree murder.
Roseboro, 42, was found guilty of killing his wife, Jan, the 45-year-old mother of his four children, in the swimming pool of their Reinholds home in July 2008.
After the verdict was announced, it was discovered that two jurors had communicated with "Facebook Friends" during the trial.
Sodomsky filed an appeal, asking Judge James P. Cullen, who presided over the three-week trial in July, to acquit his client, order a new trial or hold a hearing to determine the extent of the communications.
This week, Sodomsky elaborated on that request, calling for a detailed hearing of the Facebook communications.
The defense attorney said that Cullen must first decide whether there were "outside influences" and, if so, "how that information or influences might affect a juror's ability to fairly decide the case."
Prosecutors have called Sodomsky's requests for a hearing — let alone a new trial or acquittal — "outrageous" and unwarranted because the Facebook comments were "innocuous."
Lancaster County District Attorney Craig Stedman said Sodomsky's latest filing doesn't provide any legal ground for further court action in the Roseboro case.
Cullen, Stedman added, "gave the defendant a fair trial, the jury convicted him based on the mountain of evidence we presented, and I am confident he will remain behind bars the rest of his life."
Cullen has yet to rule on the matter.
Stedman described the filing as "this cowardly murderer's latest attempt to escape justice and avoid responsibility for his choice to brutally murder his wife."
"For the justice system to survive, jury verdicts must have a finality to them and jurors cannot believe they will be hauled into court to display everything about themselves simply because we have a wealthy murderer who will spare no expense to attempt to avoid responsibility for his choices," Stedman said.
Sodomsky contends that Cullen can't decide if the juror was prejudiced until he knows exactly what "outside influences" might have affected his decision.
Therefore, Sodomsky wrote in this week's filing, Cullen should at the very least order a hearing on the matter.
While there were two jurors who had Facebook communications, according to court documents, Sodomsky focused primarily on just one: Michael Hecker.
Hecker's comments that it was "actually depressing listening to how and why it happened," Sodomsky wrote, "shows an early inclination" to believe the prosecution's theory of the case.
The second juror, Nick Keene, wrote about his vacation time, according to his Facebook comments.
Sodomsky wrote that he believes jurors who violated Cullen's "repeated instructions not to discuss the case during the trial process, might also have had other communications not yet disclosed, including 'prejudicial' factual information."
Stedman called the request "an unprecedented invasion of privacy."
"I am surprised that the defendant continues to almost casually request the right to inspect every juror's personal computer and cell phone," Stedman said.
"Not only is this request unjustified under the law, but it is difficult to underestimate the debilitating effect this would have on all future jury trials," Stedman said.
Roseboro was sentenced to life in prison without parole.