CONVICTION OVERTURNED NY - Leslie Neulander, 61, murdered, DeWitt, 17 Sept 2012

Discussion in 'Trials' started by peedoffinny, Jun 23, 2014.

  1. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Neulander is wearing an ankle monitor, but horrific CNY case in 2013 points to its flaws

    "...Neulander cannot leave the county and he has to surrender his passport and stay out of trouble, which are common conditions for bail.

    Another one of Neulander's conditions upon release is to wear a GPS tracking device.

    Now, CNYCentral is digging deeper into what can go wrong with trackers...."

    Neulander is wearing an ankle monitor, but horrific CNY case in 2013 points to its flaws
    ----------------------------------------------------------------------------------------------------------------------------------------------------------
     
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  2. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Dr. Neulander juror: 'Livid' court overturned murder conviction over juror's texts

    "Syracuse, NY - One of the jurors who found Robert Neulander guilty in 2015 said he is livid that the jury's decision was overturned by an appellate court due to improper texts received by another juror during trial.

    Derek LeClair, 51, said he broke the jury's agreement not to talk about the case to defend the panel against implications of bias by an appellate court....
    "I was livid," LeClair said of the appellate court's decision, which ruled that Lorraine's misconduct required a new trial, even without proof of influence on the final verdict. "It's time for me to speak."..."

    Dr. Neulander juror: 'Livid' court overturned murder conviction over juror's texts
    ---

    Inside Dr. Neulander murder jury: We 'went through hell' to find truth, juror says

    July 19, 2018

    "A horrendously gruesome picture'

    Two searing memories of Dr. Robert Neulander's murder trial three years ago still bring juror Derek LeClair nearly to tears....

    Jury 'went through hell'

    For the first time, a Neulander juror agreed to take the public behind the scenes of the 2015 mega-trial that ended in the conviction for Neulander, a prominent Central New York obstetrician/gynecologist who has delivered thousands of babies. ...

    LeClair, 51, broke the jury's code of silence this month to protest an appellate court's decision that reversed the jury's conviction due to biased texts one juror received from her dad and friends. LeClair says that juror. Johnna Lorraine, 24, did not try to sway the jury based on those texts.

    "This isn't fair to the 12 men and women who went through hell," LeClair said of the court's decision to order a new trial. ..."

    Inside Dr. Neulander murder jury: We 'went through hell' to find truth, juror says
    -----------------------------------------------------------------------------------------------------------------------------------------------------
     
  3. JerseyGirl

    JerseyGirl Staff Member Staff Member Forum Coordinators

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  4. Niner

    Niner Long time Websleuther

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    But there is a hearing scheduled for Oct. 9th.
     
  5. JerseyGirl

    JerseyGirl Staff Member Staff Member Forum Coordinators

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    According to the State's top Court the first brief, from the DA's office, must be submitted in October.

    Based on the briefing schedule it is likely oral arguments in the Court of Appeals won't be heard until well into 2019.

    Court of Appeals to hear Neulander juror misconduct case
     
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  6. Niner

    Niner Long time Websleuther

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    Tuesday, Oct. 9th:
    *Hearing on Status of Court of Appeals Motion (@ 9:30am ET) – NY – Leslie Neulander (61) (Sept. 17, 2012) – *Dr. Robert Neulander (63/now 66) (husband) found guilty (4/2/15) of 2nd degree murder & tampering with evidence. Sentenced (7/30/15) to 20 years to life in prison. Wins appeal (6/29/18) for new trial re juror (#12) misconduct. $1M bail, out on bail 7/13/18.
    Trial scheduled for 2/11/19.
    7/10/18 Update: A judge sets Neulander’s bail at $1 million cash/$2 million bond. Conditions: He has to surrender his passport, he can't leave Onondaga Co. w/out prior written permission & GPS monitoring is required.
    7/10/18 Update #2: paperwork has been filed to ask the state's high court, the Court of Appeals, to consider whether to uphold Neulander's first trial conviction, which was overturned by a mid-level appellate court due to juror misconduct. Both prosecutor and judge noted that the new trial was not granted due to a problem with the evidence -- the jury had enough evidence to find Neulander guilty, all five judges agreed -- but due to concern that the juror's interaction with others about the case could have swayed the outcome. "The decision indicated that the evidence was legally sufficient and the verdict was not contrary to weight of the evidence," the judge noted. He's due back in court Oct. 9 for an update into whether the Court of Appeals will hear the case. If not, the case will then be scheduled for a new trial. If so, it could be many months or years before high court makes a ruling.
    7/14/18 Update: Son bails dad out ($1M) on 7/13/18.
     
  7. Niner

    Niner Long time Websleuther

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    @YESorNO - any updates on this case? :) TIA!
     
  8. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Nope....
     
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  9. Niner

    Niner Long time Websleuther

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    [​IMG]

    Hey, yes me again!

    Here's another one.
    I'm going to be going through all my "oldie" cases that I haven't heard anything about in quite some time.
    I hope someone can help me with these.
    I'm going to call on
    @JerseyGirl, @cybervampira, @SeesSeas, @MsMarple, @mistivon, @Eleven_11


    No access to this court site.
    Hope you all don't mind me tagging you! I need HELP!!

    I have:

    Tuesday, Oct. 9th:
    *Hearing on Status of Court of Appeals Motion (@ 9:30am ET) – NY – Leslie Neulander (61) (Sept. 17, 2012, Dewitt) – *Dr. Robert Neulander (63/now 66) (husband) found guilty (4/2/15) of 2nd degree murder & tampering with evidence. Sentenced (7/30/15) to 20 years to life in prison. Wins appeal (6/29/18) for new trial re juror (#12) misconduct. $1M bail, out on bail 7/13/18.
    Trial scheduled for 2/11/19. Onondaga County
    No update as of 11/1
    7/10/18 Update: A judge sets Neulander’s bail at $1 million cash/$2 million bond. Conditions: He has to surrender his passport, he can't leave Onondaga Co. w/out prior written permission & GPS monitoring is required.
    7/10/18 Update #2: paperwork has been filed to ask the state's high court, the Court of Appeals, to consider whether to uphold Neulander's first trial conviction, which was overturned by a mid-level appellate court due to juror misconduct. Both prosecutor and judge noted that the new trial was not granted due to a problem with the evidence -- the jury had enough evidence to find Neulander guilty, all five judges agreed -- but due to concern that the juror's interaction with others about the case could have swayed the outcome. "The decision indicated that the evidence was legally sufficient and the verdict was not contrary to weight of the evidence," the judge noted. He's due back in court Oct. 9 for an update into whether the Court of Appeals will hear the case. If not, the case will then be scheduled for a new trial. If so, it could be many months or years before high court makes a ruling.
    7/14/18 Update: Son bails dad out ($1M) on 7/13/18.
     
  10. mistivon

    mistivon Verified Insider - Maricela Garcia

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    Is there a link to online search?
     
  11. Niner

    Niner Long time Websleuther

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    I don't have one.... :(
     
  12. Niner

    Niner Long time Websleuther

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    Okay we are now into 2019! :)

    Any updates? TIA!
     
  13. Niner

    Niner Long time Websleuther

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    Sorry - double post - it was 10am here - 3am ET - and it always messes at that time.... :rolleyes:
     
    Last edited: Jan 26, 2019
  14. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Neulander’s lawyer: DA like ‘Chicken Little’ in fight over murder appeal

    Jan 25, 2019

    "Albany, NY -- A New York City lawyer this month likened Syracuse’s district attorney to “Chicken Little” in his passionate defense of Robert Neulander’s murder conviction in spite of juror misconduct.

    Alexandra Shapiro offered her aside in a 50-page argument to the state’s highest court, urging them to uphold a lower court’s ruling that granted Neulander a new trial in his wife’s 2012 death.

    “Like Chicken Little, the People cry that the sky will fall if the decision below is affirmed,” Shapiro wrote the Court of Appeals. “We recognize that a court should not lightly reverse a conviction because of juror misconduct.”

    But, she added: “The greater risk to the system would be to sanction the egregious misconduct here, by signaling that no adverse consequences will flow from such blatant contempt for the judicial system and the integrity of jury trials.”

    Shapiro and Fitzpatrick are headed for a courtroom showdown at some point this year, assuming the lower court’s ruling stands....

    At some point, the state’s high court will schedule in-person arguments in Neulander’s case. They can decide to grant Neulander a new trial or reinstate the murder conviction.

    One of Fitzpatrick’s appellate lawyers, Kenneth Tyler, is expected to appear for the prosecution. Shapiro, of New York City, is scheduled to appear for Neulander.

    It’s unclear if Neulander himself will attend. He is free on bail but is not required to be there."

    Neulander’s lawyer: DA like ‘Chicken Little’ in fight over murder appeal
    -------------------------------------------------------------------------------------------------------------------------------------
     
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  15. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Michael Benny‏Verified account @MichaelBenny Apr 1
    Who is "the scary man," and what does it mean for the possibility of a new trial for former doctor and once convicted wife-killer Robert Neulander who is now free on bail?

    [​IMG]

    New voice supporting Robert Neulander takes issue with 'scary man' text to juror

    April 1st 2019

    "SYRACUSE N.Y. — This summer one of the most high-profile murder cases in Onondaga County history could be heard by the highest court in the state, and the justices will have to consider a newly-filed document supporting former Dr. Robert Neulander.

    The New York State Council of Defense Attorneys recently filed a brief to the New York State Court of Appeals in Albany tearing into one of the jurors who found Neulander guilty in 2015.

    In the 29-page document, the Defense Council takes issue with juror number 12, Johanna Lorraine, who received text messages during the trial. One of them from the juror's father said, "Make sure he's guilty."

    Another text inquired whether the juror had seen "the scary man."...

    Now, the highest court in the state will consider the new document along with the appellate court rulings and arguments from Onondaga County prosecutors to decide whether to order a new trial or reinstate Neulander’s murder conviction....

    The Neulander case could be argued in front of the State Court of Appeals in Albany in June. If it doesn't make it on that docket, the next chance is in the fall...."

    New voice supporting Robert Neulander takes issue with 'scary man' text to juror
    ---

    Brief for Amicus Curieae in Support of Robert Neulander

    Brief for Amicus Curieae in Support of Robert Neulander | Sixth Amendment To The United States Constitution | Right To A Fair Trial

    [​IMG]
     
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  16. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    What happened to Robert Neulander’s overturned murder case?

    Apr 11, 2019

    "Syracuse, NY -- Nine months after Robert Neulander walked out of jail a free man, little is certain about when his murder case might go back to trial.

    The former DeWitt doctor’s court date Friday was adjourned yet again, with a new date set for mid-May. But it’s anyone’s guess where the case will stand at that point....

    The long delays are caused by the lengthy appeals process that’s winding its way to the state’s highest court in Albany.

    Onondaga County District Attorney William Fitzpatrick wants the Court of Appeals to reinstate Neulander’s 2015 murder conviction in his wife Leslie’s 2012 death in their DeWitt mansion....

    Most recently, a Downstate non-profit group of defense lawyers filed arguments in support of giving Neulander a new trial...

    But before a new trial could be scheduled, Fitzpatrick indicated that he’d take the fight to the state’s top court in Albany.

    Since then, everyone has been waiting to argue before the Court of Appeals, the state’s version of the court of last resort.

    Hundreds of pages of arguments -- along the same lines as before -- have been filed in the past six months.

    Now, both sides are waiting for the court of seven appointed judges to set a date for live arguments. But the court’s calendar has been set through June, a courts spokesman said.

    The judges then go on summer recess and won’t hear cases again until this fall, the spokesman said. He guessed that’s when Neulander’s case would be put on the calendar...

    Once arguments are actually completed in Albany, it’ll take about a month for a ruling. Expect that late 2019...."

    What happened to Robert Neulander’s overturned murder case?


    Robert Neulander walks out of jail

    Jul 13, 2018

     
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  17. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Robert Neulander case to be heard by New York Court of Appeals (with clip)

    June 11th 2019

    "SYRACUSE N.Y. — New York state’s highest court has set a date to hear arguments on whether to reinstate the murder conviction of a former doctor from DeWitt or order a new trial.

    The New York State Court of Appeals will hear arguments on the conviction of Robert Neulander on September 5, according to the court docket...."

    Robert Neulander case to be heard by New York Court of Appeals
     
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  18. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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  19. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    What to expect as Neulander case goes back to court for high stakes arguments

    September 3rd 2019

    "DEWITT N.Y. — It is case number 71 – given that number by The New York State Court of Appeals, the highest court in New York. On Thursday, for 10 minutes each, attorneys on opposite sides of the most high profile murder case in Onondaga County in years will make their cases.

    The outcome will determine whether there is a new trial and could also impact how the justice system deals with the age of smartphones and text messages....

    The Justices on the Court of Appeals will eventually decide if Neulander should receive a new murder trial or if he should go back to state prison to finish the sentence imposed after his trial in 2015...."

    What to expect as Neulander case goes back to court for high stakes arguments
    ---

    The Juror Who Exchanged 7,000 Text Messages
    THE CONVICTION OF A SYRACUSE DOCTOR FOR MURDERING HIS WIFE HANGS IN THE BALANCE OVER JUROR MISCONDUCT


    "It was exactly what the judge warned the jurors not to do.

    But that didn't stop juror number 12, Johnna Lorraine, from sending and receiving about 7,000 text messages during a three-week-long murder trial, State v. Neulander, in Syracuse in 2015.1

    "Make sure he's guilty," Lorraine's father told her in a text on the first day of trial.

    During the trial, a friend asked Lorraine if the defendant was guilty and she replied: "Can't tell."...

    DIGITAL AGE

    The Hon. Barry Kamins, retired New York Supreme Court judge, who now practices at Aidala, Bertuna & Kamins, said this case brings the digital age directly into the courtroom.

    Kamins noted that judges have long been instructing jurors in criminal cases not to discuss it with anyone else. "But for the last ten years, judges have also been instructing jurors not to have any electronic communications, such as texts, internet chats, about the case," said Kamins. "Courts have realized that we're living in a digital age and it's so easy to communicate and be contacted without anyone knowing about it."

    Kamins said the Neulander case is one of the first cases in New York that's reached the court of appeals pertaining to digital communications.

    "If the court affirms the lower court decision, it's going to send a very strong message to trial courts that you've got to be extra vigilant about this," said Kamins. "People are communicating instantaneously. How can trial judges take more precautions about this? It's a good question.

    "I don't think they'll get to the point where they'll require jurors to turn in their cell phones at the beginning of the day and get them back at the end of the day," continued Kamins. "In the end, you have to rely on the good will of the jurors to follow the judge's instruction.""

    The Juror Who Exchanged 7,000 Text Messages
    ---

    The case of the alleged murder and the texting juror

    September 4, 2019

    "ALBANY — Call it the case of the texting juror.

    After all, she exchanged 7,000 of them while serving at a murder trial and now New York’s highest court has to determine whether her actions poisoned the outcome of a high-profile murder case that had garnered national attention.

    It’s a type of 21st Century issue the state Court of Appeals will try to tackle during oral arguments Thursday....

    In 2015, a jury convicted Neulander of second-degree murder and tampering with evidence. He was given a sentence of 20-years-to-life.

    But then, an alternate juror came forward.

    She informed attorneys that “juror 12” had been exchanging telephone texts with third parties throughout the trial and receiving media “alerts” about the proceedings.

    At the defense’s request, a judge ordered a search of the phone — which found the juror had exchanged some 7,000 messages with family members and others, according to the Syracuse Post Standard, that she had deleted hundreds or even thousands of exchanges and that she’d lied in sworn affidavit about following jury instructions...."

    The case of the alleged murder, texting juror
     
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  20. Niner

    Niner Long time Websleuther

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    WOW! 7,000 text messages!!!

    Thursday, Sept. 5th:
    *State Court of Appeals Hearing (@ 9:30am ET) – NY – Leslie Neulander (61) (Sept. 17, 2012, Dewitt) – *Dr. Robert Neulander (63/now 72) (husband) found guilty (4/2/15) of 2nd degree murder & tampering with evidence. Sentenced (7/30/15) to 20 years to life in prison. Wins appeal (6/29/18) for new trial re juror (#12) misconduct. $1M bail, out on bail 7/13/18.
    7/10/18 Update: A judge sets Neulander’s bail at $1 million cash/$2 million bond. Conditions: He has to surrender his passport, he can't leave Onondaga Co. w/out prior written permission & GPS monitoring is required.
    7/10/18 Update #2: paperwork has been filed to ask the state's high court, the Court of Appeals, to consider whether to uphold Neulander's first trial conviction, which was overturned by a mid-level appellate court due to juror misconduct. Both prosecutor and judge noted that the new trial was not granted due to a problem with the evidence -- the jury had enough evidence to find Neulander guilty, all five judges agreed -- but due to concern that the juror's interaction with others about the case could have swayed the outcome. "The decision indicated that the evidence was legally sufficient and the verdict was not contrary to weight of the evidence," the judge noted. He's due back in court Oct. 9 for an update into whether the Court of Appeals will hear the case. If not, the case will then be scheduled for a new trial. If so, it could be many months or years before high court makes a ruling.
    7/14/18 Update: Son bails dad out ($1M) on 7/13/18.
    4/8/19 Update: The NY State Council of Defense Attorneys recently filed a brief to the NY State Court of Appeals in Albany tearing into one of the jurors who found Neulander guilty in 2015. In the 29-page document, the Defense Council takes issue with juror number 12, Johanna Lorraine, who received text messages during the trial. One of them from the juror's father said, "Make sure he's guilty." Another text inquired whether the juror had seen "the scary man." Now, the highest court will consider the new document along with the appellate court rulings * arguments from Onondaga County prosecutors to decide whether to order a new trial or reinstate Neulander’s murder conviction. The Neulander case could be argued in front of the State Court of Appeals in Albany in June. Now, both sides are waiting for the court of seven appointed judges to set a date for live arguments. But the court’s calendar has been set through June. The judges then go on summer recess and won’t hear cases again until this fall. Once arguments are actually completed in Albany, it’ll take about a month for a ruling. Expect that late 2019.

    6/12/19 Update: The New York State Court of Appeals will hear arguments on the conviction of Neulander on 9/5.
     

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