Appeal says juror sent 'tweets' at trial

March 14, 2009|Associated Press

FAYETTEVILLE, Ark. - A building materials company and its owner have appealed a $12.6 million verdict against them, alleging that a juror was posting related messages on Twitter.com while hearing the case.

The motion filed Thursday seeking a new trial claims juror Jonathan Powell of Fayetteville sent eight messages - or "tweets" - to the micro-blogging website via his cellular phone. One read in part: "oh and nobody buy Stoam. Its bad mojo and they'll probably cease to Exist, now that their wallet is 12m lighter."

Another message that described what "Juror Jonathan" did today, read: "I just gave away twelve million dollars of somebody else's money."

The motion filed by the lawyer for Russell Wright and his company, Stoam Holdings, alleges that the juror researched the case and communicated with other people outside the jury. Wright did not appear in court when the case was heard in Washington County in late February.

The jury awarded the money to Mark Deihl and William Nystrom, who invested in Wright's company. The company claimed its building material, Stoam, combined the insulation qualities of foam with the strength of steel.

"It was nothing more than a Ponzi scheme," said Deihl's attorney, Greg Brown.