Judge Considers Pattison Mistrial Request

By Scott Sarvay
By Jeff Neumeyer

December 20, 2010 Updated Dec 20, 2010 at 6:23 PM EDT

WABASH, Ind. (Indiana’s NewsCenter) --- Defense lawyers for convicted murderer Scott Pattison made arguments Monday on a motion designed to have the jury’s guilty verdict thrown out.

Jeff Neumeyer covered the hearing and summarizes the latest in the Pattison case.

Jeff Neumeyer: " The morning hearing inside the Wabash County Judicial Center came after the defense filed a motion for mistrial and a request to set aside Pattison's conviction and 60-year sentence for killing his wife Lisa.

Scott Pattison placed a call to 911 dispatchers July 2nd of last year, saying he'd found his wife at their home, unresponsive on a workout bench with a weighted barbell across her throat.

But a few days after the guilty verdict, juror Don Wampler told Indiana's NewsCenter that he and his colleagues on the panel became more convinced it was murder when, during deliberations, a female juror was easily able to get out from under the barbell, except when she was forcibly held down.

Defense lawyer Stan Campbell argued the court should not have allowed the jurors to perform unsupervised experiments on the weight equipment.

Campbell wants the judge to compel jurors to come testify about what went on with the weight bench outside the presence of court officials and the defendant.

Stan Campbell/Defense Attorney: " It was a violation of the defendant's right to be present, if the jury was going to be called back into the jury room and allowed to examine, or do an experiment, on the weight bench."

Reporter: " How long are you going to take this Scott?

Scott Pattison/Defendant: " As far as I can take it, til I'm free."

Neumeyer: " Prosecutor Bill Hartley Jr. countered, telling the judge, during the trial jurors asked if they could examine the equipment, and that both sides said it was okay.

Hartley also objected to jurors being subjected to subpoenas to testify, citing statute that a jury cannot be forced to impeach its own verdict.

Judge Robert McCallen said he would rule on the motion for mistrial quickly, most likely before Christmas.

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