Miscellaneous

The Dead Kennedys Defense

By Anne Skove, Esq.

Too drunk to conspire?

That was what passed for good news for one defendant in the federal fen-phen trial taking place across the river from us. Yesterday jurors acquitted Mel Mills, Jr. on a charge of conspiracy to commit wire fraud.

Lucky for Mills, his former assistant testified that by 10:00 a.m., he would frequently be too inebriated to work. So no way could he possibly have agreed with one or more of his co-defendants to commit a crime, much less complete the requisite overt act.

See One Not Guilty in Fen-Phen Case, Jim Hannah, Cincinnati Enquirer (July 2, 2008).

One for the criminal law textbooks, or at least hundreds of law school exams!

Meanwhile, the other attorney-defendants await word. If the jury doesn't decide tomorrow, it's a mistrial. See Ky. Judge Gives Jury 1 Day in Fen-Phen Trial, AP/USA Today (July 2, 2008), and Fen-Phen Saga Continues, Jim Hannah, Cincinnati Enquirer (July 2, 2008).

Full post as published by court-o-rama.org on July 02, 2008 (boomark / email).