Morgenstern attorney seeks new trial based on jurors’ ‘prejudicial’ behavior

The “prejudicial” behavior of jurors, some of whom recoiled from pornographic videos and images in the child sex crimes trial of Craig Morgenstern, has prompted a motion for a new trial.

In a motion filed in federal court Tuesday, attorney Bryan Whitaker alleges one juror “closed her eyes” to avoid seeing visual evidence of Morgenstern’s alleged crimes, another juror slept through some of the proceedings and at least two members of the jury engaged in improper contact with prosecutors and the parents of victims. “After five days of testimony, a half-hour reading of the jury instructions by the court, over two hours of closing arguments by the Government and the Defense, the jury rendered guilty verdicts on all thirty-three counts in less than two hours,” Whitaker wrote. “It is physically impossible the jury considered each element of each crime in that period of time.”

Whitaker called no witnesses to defend Morgenstern, who was arrested after a 13-year-old boy called 911 with the assistance of neighbors in October 2014 alleging he’d been drugged and sexually assaulted by the former Veteran Affairs physician. Federal investigators built a case alleging Morgenstern abused at least six boys over a decade, grooming them with movies, video games and other entertainment. He then filmed himself performing sex acts on the boys in videos that were shown to jurors.

Morgenstern, 47, is being held at the Spokane County Jail pending a scheduled sentencing date of June 15. Whitaker requested in his motion to argue for a new trial on that date instead, based on the actions of the jurors, which Whitaker called “prejudicial to a fair and impartial trial.”

Morgenstern faces a possible life sentence in prison. U.S. District Court Judge William F. Nielsen will decide Morgenstern’s sentence or if he’ll get a new trial.