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Judge weighs juror-misconduct claims

HARRISBURG — A county judge said Friday he would take about a week to decide if three people convicted in last month's public corruption trial deserve a new trial or a hearing based on juror misconduct claims.

Dauphin County Judge Richard Lewis told lawyers a blog account of a trip to the state Capitol by some jurors during the trial of former state Rep. Mike Veon and three of his ex-aides did not seem to suggest an emotional or inflammatory influence that might require the judge to declare a mistrial or take some other action.

Friday's hearing was prompted by the posting by former juror Jonathan Smith, made shortly after the March 22 verdict was returned, describing how a group of jurors walked over to the Capitol during lunch one day and tried unsuccessfully to get a look inside one of Veon's former offices that had been the topic of trial testimony.

Veon, Annamarie Perretta-Rosepink and Brett Cott were found guilty of some of the counts against them in the case that centered on allegations they conspired to divert public resources to wage political campaigns. The fourth defendant, Steve Keefer, was fully acquitted.

Defense attorneys argued that Smith's account was sufficient to justify a mistrial, and that the defendants deserved to learn more about who went on that walk to the Capitol, and the extent to which they discussed the trial — contrary to the judge's instructions — before the start of deliberations. An evidentiary hearing could shed more light on what happened, they said.

"I don't know what they did up there, and I don't think you can sit here and say, well, obviously there's no harm, because they didn't do anything," said Bryan Walk, Cott's attorney. He said a hearing could explore "why did you go, when did you go, who went and whose idea was it, what was discussed?"

Chief Deputy Attorney General Christopher Carusone told Lewis there was no reason to think the Capitol trip prejudiced the jury and warned that calling jurors onto the stand after they have issued a verdict is "a very dangerous undertaking."

Lewis said he plans to issue a decision by the middle or end of next week.

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