Hung Jury for Last Two Fen-Phen Lawyers

This just in from Covington, Kentucky: After about six weeks of trial and 50 hours of jury deliberation, a mistrial was declared this afternoon in the trial of the two remaining Fen Phen defendants — Shirley Cunnigham and William Gallion. On Tuesday, the jury acquitted the third lawyer-defendant, Melbourne Mills.
“We were so hopeful that we were going to be acquitted,” Shirley Cunningham’s wife, Pat Cunningham, told the Law Blog this afternoon. “We do believe that after eight weeks of trial and eight days of deliberation there was plenty of reasonable doubt. I still maintain that the government did not prove its case. They gave away immunity like it was candy. And everything that was presented was refuted.” (Mrs. Cunningham, before her retirement, was a human resources administrator in the Nashville public school system. Now she owns and breeds race horses.)
Cunningham, Gallion and Mills were on trial in federal court for allegedly bilking their clients out of $65 million of a $200 million settlement over alleged injuries caused by the diet drug Fen Phen.

A jury of seven women and five men told U.S. District Judge William Bertelsman they were “hopelessly deadlocked.” According to the Cincinnati Enquirer, lawyers for defendants Cunningham and Gallion immediately asked Judge Bertelsman to lower the bond of their clients, who have been at the Boone County jail since August. Cunningham’s bond is $45 million, and Gallion’s bond is $52 million.
“I think this case has a much larger agenda than was presented,” continued Mrs. Cunningham. “I don’t believe it was just about my husband and the defendants, but that plaintiffs’ lawyers are truly on trial. It’s a bad verdict for people who will not be able to afford representation. Because clearly if you look at this case, my husband and his partner were able to get their clients more money than they ever would’ve gotten in the national settlement.”
In a sign that Judge Bertelsman is up to date on fugitive news, he denied the defendants’ bond request, citing an earlier claim that the defendants posed a risk that they would move the allegedly ill-gotten gains offshore and flee to a country with no extradition treaty. Instead, Bertelsman ordered a retrial within 70 days.
“If the government decides to retry it — and it looks like they are — we’ll be back up here,” Cunningham’s lawyer, Tallahassee-based Stephen Dobson, told the Law Blog. “But from a defense standpoint, if the jury deliberated for eight days and can’t reach a verdict, it seems like that’s reasonable doubt in and of itself.
In an e-mail, James Zerhusen, the U.S. Attorney for the Eastern District of Kentucky, told the Law Blog: “We recognize the difficulty for the jury to arrive at a verdict in this case. We feel strongly about the allegations against the defendants and look forward to another opportunity prosecute this case.”
Shirley, please go get a better mug shot! With your name, I had a hard time telling whether you were a man or a woman!
Stan Chesley
Stan “The Man” makes Scruggs et al look like a bunch of L1s.
Look for the Obama fundraiser at Stan’s place @ $5000 a pop - coming soon.
That bumbling trio trying to lay it all on Stan is like my daughters’ junior high basketball team playing the Celtics - completely outclassed.
Looks like southern juries have a leg up on the rest of the country and do not as easily believe DOJ paid lying criminal witnesses telling the truth for the first time in their lives. Perhaps, their past experiences with the U.S. government have taught them something.
As one of the plaintiffs who was robbed (I received 35,000 out of the $182,000 that I was suppose to receive)I have to say that Mrs. Cunningham has a lot of nerve stating that the prosecution was handing out immunity like candy when her bloated lowlife husband along with his counterparts were handing out my and the other plaintiffs settlement money like it was candy. I received less than 20% of my settlement while these maggots were handing out million dollar bonuses to clerks, paralegals, etc. Whether or not we received more than what we would have in a national settlement is totally irrevelent and is a lame excuse for bilking your clients out of millions of dollars. During the period when the settlement funds where distributed to us …Mrs Cunningham was living high on the hog with my stolen money while my husband and I were worrying about how we were going to pay the medical bills for our sick son who endured 12 surgeries in 3 years. While that extra money of mine that they kept might of meant just another vacation to them…it would have been a godsend to us and we would still have a retirement account. How anyone could find these bastards not guilty after all the evidence is beyond belief. I hope the next jury is more intelligent than this last group of morons.
that’s a man, baby!
Amen, Robbed!! You victims were merely pawns in a system designed by robber attorneys to reward their own. Whoever imagined that it is “justice” for the attorneys to get hundreds of times more than their most damaged client? This class-action game is a legal scam, pure and simple, but don’t look for it to be fixed; the fox is guarding the henhouse, if you know what I mean . . .
A stinging rebuke to the prosecutors. If it was so clear that some crime was committed why did the jury actually ACQUIT one of the defendants and deadlock on the others?! Its time to take a closer look at who is directing this prosecution and who is really calling the shots.
By all rights, this case should have been a slam dunk for the prosecution. Maybe news accounts left out some details favorable to the defense.
More likely though is that there are enough people out there who don’t trust the Federal government at all. Buying Stan Chesley’s cooperation with an immunity deal helped poison the jurors’ opinion of the prosecution case.
I wonder what the split was for guilt or innocence on Gallion and Cunningham Jr.
This failed prosecution shows another effect of the subprime mortgage meltdown. People who watch their neighborhoods fill up with for sale signs in front of foreclosed homes are turning on the Federal government any way they can.
Love the photo in the Ky. Enquirer of Mills- smiling showing his black/yellow teeth, as he has this devil look in his eye, walking out of the jail with his daughter- I mean young “girlfriend”. Got a toothbrush maw?
I sat in that courtroom thru every day of the “trial”. No wonder the jury acquitted Mills and then mistrialed. A few of the jurors keep dozing off. Some giggled, smirked, laughed, and whispered thru the whole thing. I thought that was illegal? How about their UNANIMOUS agreement to wear all black clothing a couple of Friday’s ago? In “honor” or a fellow juror’s 60th. birthday? No problem reaching a UNANIMOUS decision on THAT, huh?
No wonder they decided as they did. Every witness, defense OR prosecution, nailed Chesley as the mastermind creator & controller of the scheme. Then they saw Chesley’s incriminating LETTER put up on the screen, where Chesley tried to bribe the AHP lawyer into LYING. WOW. So let’s see here… hmmmm…the jury sees and hears Chesley himself, (or should I call him Tiger or Ken Griffey or Julia?) say he didn’t even know what the “taking the 5th. was”. And here’s a fun fact for ya: Chesley “testified” the fen-phen CLIENTS should have gotten the “excess funds”. Well, well, well. Get this smoking gunfact people…. my family member is in the Covington Ky. Diocese abuse case. Chesley himself wrote in that “settlement” that the “excess funds” are NOT to go back to the clients! But back to the defendant! The jury should have been given ALL the facts. Such as the one I just mentioned, and also WHY he was given immunity! The 3 ex-lawyers are guilty, but CHESLEY is equally as guilty, if not MORE so. He was the creator, director, controller, and mastermind behind the scheme. My guess is, the jury wondered, “Isn’t it CHESLEY who should be on trial here?!”
Under the circumstances, it will be interesting to see if Chesley will at least be referred for disbarment proceedings, since it seems that he is getting off scott-free here.
Chesley IS currently being charged with “ETHICAL VIOLATIONS” by the Ky Bar. He has hired a lawyer specifically for those charges (now he has, what, 10 lawyers to defend him against all this fraud and legal trouble?) Looks like the self-proclaimed Tiger Woods of Torts’ reputation has been flushed down the toilet. Well well Chesley, even rich jewish people go to prison. YADDA YADDA YADDA CHESLEY you old fat ugly thief.
Why have a jury when the judge has already decided the case? For all of you who don’t know, the verdict was 10-2 to acquit. What does this say? The government obviously doesn’t have a case and yet they’re willing to spend millions of taxpayer dollars to retry. Do any of you-all know anything about class action law? Didn’t think so!! Your blogs are ridiculous1!!!
Should have left these scum-sucking leaches in the national settlement and let them get $500. If these people were so sick, how did they manage to sit through 6 weeks of trial and 8 days of deliberations? One even bought 5 Dodge Durangos before her 1st settlement check and then went back before judge for more money? How about it Swiger? With gas prices, I guess you need another million to fill them up!
This is for shelshocked-
Yeah, I know a LOT about class action lawsuits. It’s how thief, or lawyer, receives MASSIVE amounts of money, and steals from the clients. My brother has been in the Covington Kentucky Diocese Abuse case for 4 years and Chesley stold, lied, mislead, and decieved him. Just like in fen-phen, he got very little of what he was SUPPOSED to get. And my very good friend is a fen phen VICTIM. So yeah, a lot of people are smart enough to recognize FRAUD when they see it. This time, the 3 thieves will be found guilty. And Chesley will end up in worse legal trouble than he already is. Most lawyers think Chesley is a fraud. Most of his victims think so too. And at this point, his reputation is mutilated. Even rich jewish people lose their law licenses. Chesley is next and you can bet this “ridiculous” blog as you have so named it, will be laughing at the thug
Chesley. Perhaps he can get a new job working for his wife cleaning up the dog crap she allows her muts to excrete on the courthouse floor.
to allen sanders - I agree with you on Chesley. He should have been the one indicted. Remember, he wsa these three gentlemen’s attorney. He’s untouchable now as the government granted him immunity. He’ll continue to hide behind his wife!
Mr. Chesley is an American hero. He should have absolutely been granted immunity because he did nothing wrong. Please aim your comments where they belong, against the frivolous prosecution of these men.
Mr. Sanders: While I am no fan of most lawyers, you must understand that without the class action dude lawyers these people would end up with nothing anyways, isn’t something better than nothing (not that stealing is okay)? Your anger should lie more with the way cases are prosecuted in this great country: the grand jury who the forefathers intended to be independent is irrelevant; the DOJ is allowed to make up law until their version is overturned on appeal; the DOJ witnesses are enticed to remember things correctly and tell the truth for the first time in their lives in exchange for substantially reduced or no jail time and cost savings; and the lower court judges are essentially bound to go along with the DOJ version of events and law. Like I keep saying, the southerners must know something the overly educated North does not, or perhaps, they justifiably do not believe anything anyone in the government says as the government has been proven to be the purveyor of some of the biggest and most lies in history
THIS IS FOR ANON: “Mr. Chesley is an American Hero??!!!” WOW. If that were true, then hero’s stink and are thieves. If he’s such a “hero”, then why isn’t he giving his OWN CLIENTS the “excess funds” in the Covington Diocese abuse case ???!!!!!! After all, he “testified” in fen phen that the “excess funds belonged to the fen phen CLIENTS!” Since he stated the “excess funds” belong to the fen phen clients, then he’s a LIAR because he isn’t giving HIS clients any excess funds in the Covington Ky. class action!! That’s hypocritical to say the least. Don’t believe it? Look up the “settlement” at www.covingtonkydioceseabuse.com yourself. You’ll see where CHESLEY WROTE THE “EXCESS FUNDS” GO BACK TO THE DEFENDANTS, NOT HIS CLIENTS! American Hero? Some people are a stench in the nostrils of God Himself. Some people think because they’re jewish, that somehow God condones and blesses everything they do. In the Old Testament, God Himself quite often allowed even jewish (the children of Israel) to be DESTROYED, for their sins! Some people accumulate by literally stealing from CLIENTS and INSURANCE COMPANIES! If he’s such a “hero”, looks like the Kentucky Bar Association doesn’t agree with you. He has been charged with ethical violations. Chesley’s next big adventure in life will be the loss of his law license. He’ll have to find another way to leach off of American society. His reputation is a stench in the legal profession. The fact that he masterminded and directed and fully participated in the fen phen scheme, and then IMMEDIATELY wasted nom time and proceeded to start another class action (”Covington Ky. Diocese priest abuse) and then STOLD from priest abuse victims, is about to bite him in his ass. He didn’t get full immunity in fen phen. Obstruction of justice and perjury were not part of his deal. Yeah, he perjured himself and obstructed justice, and the nasty old, soon-to-be-ex-lawyer is being investigated for it.
To Allen Sanders:Here it is in a nutshell. It came down to a technicality of wiring money across state lines. But in todays banking they have branches nationwide. When you make a wire transfer anyone can trace that money. If they wanted to hide it they would of buried it. The main thing that the 2 kept coming back to was the intent aspect of it. The majority of us did not believe they devised a scheme to acquire this money. Yet they tried to maximize their profit by not telling the clients about what they sent to AHP on the matrix to get paid. AHP didn’t care what the individuals were to get they just wanted to settle Kentucky. Although the lawyers broke a lot of ethical rules that is not criminal! Also your comments about us wearing black and laughing are a joke. You don’t realize how serious we took this and the sacrifice we all made for 8 weeks. You’re a clown!
Very interesting. Woodley personifies one of the major problems with juries today. Perhaps he was one of the jurors reported to have been snoozing during the proceedings. Nonetheless, there are way too many anti-government crime shows on TV. It is obvious that some members of this jury did not follow the law, as it was given to them by the judge. Perhaps these “good ole boys” should have been tried by a jury of their peers, lawyers – better yet, by insurance defense lawyers. Or perhaps Woodley just wants to be played by John Cusack in the Made-for-TV movie. They could call it “The Jury”.
Did you read the instructions from the judge? Your comments are ignorant, because it’s obvious you weren’t in the court room.
Go back to the TV Woodley, or your nap. Since you have probably finished your jury obligation, and have to go back to work, you probably won’t get enough sleep in the future. Oh - that’s right, you probably don’t have a job.
Why don’t you hook your house up to your truck and take a vacation because it’s obvious you are a certified hillbilly!
Woodley, Woodley, Woodley – struck a nerve did we. Give me an honest fellow hillbilly on a jury anytime. By the way, if you don’t consider yourself a hillbilly, how did you get on a Kentucky Federal Jury? Hmmm – very curious!
And I assume where ever you are from has a far superior federal system?
I didn’t say that there was anything wrong with the “system.” It’s just the jury pool that apparently needs a thorough cleaning! You had probably the best judge in Kentucky, and obviously you didn’t pay any attention. Were you a “guest juror” from Indian Hill?
Again, did you have a copy of the best judges instructions and were you there for any of it? But I guess you can make any conclusions you’d like. Yes, Indian Hill is a very nice place.
This is for Woodley-
I think you were picked to be in the jury pool because they quickly realized how stupid you are.
A first grader can figure out that a $125 MILLION DOLLARS should NOT go the lawyers and their “friends”, while only $75 million goes to suffering, or DECEASED, victims.
You have no brain, no conscience.
You are confusing the civil case which they lost to the federal case. Conspiracy to commit wire fraud! A first grader would listen to the media instead of the facts to come up with a theory. Do some more homework!!!
This is for you, Woodley , and all the other jurors who voted to mistrial:
U.S.CODE 18 u.s.c. & 1343 (conspiracy to committ wire fraud) says:
“WHOEVER HAVING DEVISED OR INTENDING TO DEVISE ANY SCHEME TO DEFRAUD, OR FOR OBTAINING MONEY OR PROPERTY BY MEANS OF FALSE OR FRAUDULANT PRETENSES, REPRESENTATTIONS, OR PROMISES..”
They gave innocent, sick, fen phen victims $75 million and KEPT $125 MILLION for themselves. They transferred and shuffeled it around, even going so far as to put it in their OWN PERSONAL ACCOUNTS!
Like I said before, a FIRST GRADER can see this.
Had you not been dozing off, giggling, eating birthday cake and partying, wearing BLACK into a court of law, you might have been able to do your civic duty correctly. That is, provided you are literate to read what this U.S. CODE on wire fraud actually states.
Because of your non-caring frivilous attitudes, the fen phen victims must sit thru another trial! Since Angela Ford first began this fen phen litigation, over 23 ill fen phen victims have actually DIED, never seeing justice done. I hope you, and your other idiot “jurors”, find it hard to sleep at night because of what you’ve done. And in my book, the blood of these innocent fen phen victims is on your hands now too, as well as on the hands of Gallion, Cunningham, Mills, and Chesley. I believe you will have a hard time explaining your actions someday, when you face judgement in the hereafter. I think you sold your soul, because you chose to not take a very serious trial seriously.If, and I mean IF, you have a conscience, I hope it haunts you the rest of your life.
You did not have the judges instructions so again another ignorant comment. It all goes back to the intent aspect! Can you prove it!
I will give you an example. Naturally this example does not bear any accusation against persons, alive or not, it is just intended to be illustrative of the legal concept of intent. So - let’s say that a person, who doesn’t actually say that he is a “friend” of a defendant, approaches a juror and tells him (or her) that it might be worth $20,000, wired into the juror’s new bank account, if there is an acquittal, or $10,000 if there is a hung jury. Then suppose that the juror says that he couldn’t do that, it might be illegal, but he then “winks” at the bag man. Then suppose that the trial ends in one acquittal and a hung jury as to other defendants. Magically, the juror looks into his new bank account, set up in another state, and finds, say $15,000. Then suppose that the juror actually uses that money, let’s say, for sake of argument, to buy two racing greyhounds in Miami. Even though an FBI wiretap might have a surveillance sound tape that has the juror saying that he wouldn’t do that, and even if the juror says that the money didn’t have anything to do with the verdict, you still enough evidence to establish legal “intent”. No brainer! That example should be easy enough for you. THIS EXAMPLE IS NOT INTENDED TO IMPLY THAT ANY JURORS IN ANY CASE, REAL OR FICTIONAL, HAVE ACTUALLY COMMITTED THE CRIME USED IN THIS EXAMPLE. THIS EXAMPLE IS NOT INTENDED TO IMMPLY THAT ANY CRIME HAS BEEN COMMITTED. NO ANIMALS WERE INJURED IN THE CONCEPTUALIZING OF THIS HYPOTHETICAL EXAMPLE.
The bible would suggest only God can know a man’s true intent, anyone who tries to infer intent from another’s actions is playing the role of God. I suggest that if anyone involved in inferring another’s man’s intent and is wrong, they should suffer the same or worse fate, it may cause all involved to be more genuine in their analysis instead of believing coerced versions of events from lying witnesses.
Shame on all of you IGNORANT people for slamming on Woodley. These jurors worked hard, took their duty seriously, and they deserve more respect than you-all are giving them. They too may have believed they were guilty going in, but after hearing the evidence, obviously it just wasn’t the case. The media has slandered these men, not reporting both sides of the case. They’re the ones that ought to be on trial, along with the prosecutors, the judge, and especially Angela Ford! These men didn’t force these fat people to take this drug. Maybe they ought to try getting off the couch and exercising instead of eating doughnuts!!
This is a comment and question for “Woodley”. Jury duty is hard-I’ve been there! I have a question- what did you all think of Stan Chesley’s testimony? Did you feel he was telling the truth? What are your thoughts? Thanks and good luck to you.
This is for Americanus-
Hey thank God you’re on this blog! Did that REALLY happen? The reason I ask is, I attended the circus, I mean “trial”, every day. One day, during break, I saw a MALE juror get on the elevator alone. But JUST AS the elevator door was about to shut, I SAW ONE OF THE DEFENSE ATTORNEYS RUN, YES I SAID RUN, TO GET ON THE ELEVATOR WITH HIM BEFORE THE DOOR SHUT!!! They were very alone together on that elevator all the way down to the bottom floor, because I leaned over the upstairs rail so I could watch them get out of the elevator together on the bottom floor! Hmmmmmmm………….
Stan is a little arrogant and conceited. We saw his deposition and he conflicted some things he said on the stand. What these men did was wrong but this was a case of an overzealous prosecutor trying to make an example of them! And for the doubters, 1 acquitted and 10-2 to acquit the other 2 is not a good sign for the next trial. Maybe allen & Americanus can volunteer the next 2 months of their lives for jury duty. We know they would have 2 strikes against them before it started because they reach conclusions without the facts!
WOODLEY-
Thanks for taking time to answer me. I appreciate that. I was wondering, what did Chesley’s deposition say that was conflicted with what he said on the stand?
And also I was wondering- what did you all think about that letter they showed up on the screen: that was where Chesley wrote to that AHP lawyer asking him to lie about stuff, and then send the letter back to him? Do you think that Chesley not telling the truth on the stand is perjury? That’s a lot of questions Woodley, but if you get time to answer them, then I think that’s very nice of you, and I thank you.
Basically when he said that he never attended a meeting that was discussing Exhibit 3 “the matrix”. Mark Modlin said Stan picked him up and judge Bamburger said he was to his extreme left! He knew about the matrix! He said he just settled the case and never knew about the matrix. Are you talking about the letter to Jack Vardeman? I’d rather not comment on the perjury accusation.
Woodley- I think that was his name- he was a lawyer for the APH (or AHP? Sorry!). Anyway, the thing is, I don’t understand what he was given immunity FROM in the first place? He has to go to a civil trial that’s been going on because he took so many millions extra. I juast don’t understand the whole thing. Do you? Did you all undertand what this whole story, as a whole, what really happened? Because I sure don’t. If you do, I wish you’d explain it to me! And thank you for answering my questions. You’re a very nice person.
Chesley was given immunity by the prosecutors but was called on by the defense. Almand, Gallions attorney said Chesley’s lawyers told him he would plead the fifth. Chesley on the stand said he didn’t know what the fifth was! Right! I believe it was just a way to soften up the Tiger Wood of torts so he would try to give damning evidence against the defendants. We as a whole took him for what he was worth.
Woodley-
Why was he given IMMUNITY by the prosecution? What was he hiding that he needed immunity? I still don’t understand that.
And did I see a paper they showed up on that t.v. screen, where Chesley got immunity, but not from perjury or obstruction of justice? And I was wondering, how much of that two hundred million did you all feel would have been a fair amount for the lawyers to have? Thanks Woodley.
It wasn’t up to us to decide the amount of money they should have taken, it was awarded by the judge. He knew the settlement was for 200 million and he awarded 49% and 20 million to the C-Prey trust. Also for those who argue that Bamburger did not know about the 33% contingent fees. Before you represent a client in front of a judge you have to have a contract either hourly or a contingent fee based. In a class action, that becomes null and void and the judge determines the award for the lawyers. The immunity question has many spins.
As a student of law, at the trial everday, I must say that the big picture suggests that this is an assault on trial lawyers. When the clients attack them it makes those of us going in the profession want to represent anyone other than those who may not have been able to afford a lawyer if not for a trial lawyer.
Wow. The WSJ’s readership appears to have . . . er . . . shifted . . . since I last checked in. Either that, or spellcheckers all over the country have simultaneously failed.
(Maybe I’m biased, but it seems to me that the truly injured sue individually, while those who claim such damages as “fear of increased chance of future heart valve problem” join class actions. I remember the ninety or one hundred negative B-reads grouped together with one meso case and two plaque cases in each and every calendar of “grouped” asbestos trials, making it quite clear that “class-action” simply means “yeah, we’d like some of that dying guy’s money for ourselves.”)
Woodley=
Thank you for answering me. And in a polite manner. I noticed most on this blog are very angry people. But Woodley, what does “the immunity question has many “spins” mean”? I know that’s not what you were there to decide about, but you’re entitled to your opinion! And I think you’re a very nice person who is smart. I am interested in your opinions. No matter what other people say on this blog!
So, what did you mean by the “spin” thing? And also Woodley, I was just wondering if you think the 3 would have done things differently, if Chesley had not “forced” his way into their lawsuit ? (I think Gallion said something like that).
And, what is your opinion, as to why the 3 say they “had to” let Chesley take over their lawsuit?
That’s a lot of questions! But I hope you get time to answer! I appreciate it and I think you have a lot of common sense about stuff.
I just believe like I stated before that he was granted immunity so he would say things that were damaging to the defense and to try to distance himself away from them. As to why they had to let Chesley into their lawsuit
was because he had one case in Boone County and the judge merged the 2 cases and called it the “Guard” case. Also Gallion & friends tried to settle with AHP alone and Chesley told him we’ll see. Apparently he and the AHP lawyers already agreed to settle with only Chesley and Gallion was told the same thing in blunt terms. So in realizing that, they hired Chesley at 21% to settle the case.
Woodley- Thanks for answering me. In your earlier post, you said “what these men did was wrong”.. Instead of “wire fraud” (which I guess you all felt didn’t apply to them), what do YOU think they should have been charged with?(if anything!) And also I was wondering, you said 2 jurors did’t want to “acquit”; what did those 2 think the 3 was guilty of? And do you personally Woodley, feel Chesley is guilty of anything?( you are entitled to your opinion!)
I think you must be one of the most common sense, fair jurors I’ve ever heard. Jury duty is not easy. Thanks so much for being nice enough to answer my questions!
Thanks Woodley…I’ve not taken the lead as an observer. You were a juror and probably, no, most certainly have been more objective than the press!
Hey Venus- Here’s a little wake up call for ya young man (or lady): The press IS objective, because they look up REAL depositions, quote FACTS and EVIDENCE, they research court records and various documents. They report the facts and truth to the PUBLIC, TAXPAYERS,& VOTERS, because the press respects the fact that we have the RIGHT to know what is REALLY the truth. Because obviously, 95% of the lawyers in this country don’t tell the truth. If not for the press, the thieving lawyers would steal clients blind (as they are currently doing in broad daylight while the Ky. Bar acts like they are oblivious to it). Unlike YOU, a WOULD_BE_LAWYER THIEF.
They should not have been charged with conspiracy to commit wire fraud, This case should have never reached the Federal level. The 2 believed they sat down and devised a scheme to take 125 million. One juror kept bringing up the intent aspect of it. As far as Stan goes I still believe he and the other 3 just belong in the civil case which is on appeal,
Thank you Woodley. If the conspiracy wire fraud thing (what IS that anyway Woodley??)was the wrong charge, then what would have been the correct charge?
And the 2, well I was just wondering, what did the one think their “intent” was?
And why do you think Chesley ISN’T already in jail with the 3? I don’t understand why they went to jail but Chesley didn’t.Do you understand what the reason was Woodley? And in your opinion, do you think this time in a re-trial, they will charge Chesley too (federally)?
Thank you. You are by far the brightest person on here. And the most kind. I, for one, appreciate your answers no matter what anyone says.
Wire fraud has four elements we we’re given in our instructions.
(A) First, that a defendant devised a scheme to defraud in order to obtain money or property, that is, approximately 65 Million. (B) Second, that the scheme included a material misrepresentation or concealment of a material fact; (C)Third, that a defendant had the intent to defraud; and (D) Fourth, that a defendant used wire communications or caused another to use wire communications in interstate commerce in furtherance of the scheme. Then you also had to convict them of a conspiracy that had 3 parts to it as well. You had to find each and every one of the following elements beyond a reasonable doubt to convict them. Chesley will not be tried federally and the reason he was not on trial because he did not sign the settlement agreement. He was smarter than the 3 defendants. You keep asking about Chesley but the only thing they want him to do is to give back a few million in the civil case.
This is for Americanus-
Hey thank God you’re on this blog! Did that REALLY happen? The reason I ask is, I attended the circus, I mean “trial”, every day. One day, during break, I saw a MALE juror get on the elevator alone. But JUST AS the elevator door was about to shut, I SAW ONE OF THE DEFENSE ATTORNEYS RUN, YES I SAID RUN, TO GET ON THE ELEVATOR WITH HIM BEFORE THE DOOR SHUT!!! They were very alone together on that elevator all the way down to the bottom floor, because I leaned over the upstairs rail so I could watch them get out of the elevator together on the bottom floor! Hmmmmmmm………….
LOL! I suppose the U.S. Marshals were just sitting idly by when this ex parte contact was taking place. The conspiracy theories are so ridiculous. You lost all credibility with that post. If the defense attorneys wanted to taint the jury, and risk their bar licenses/liberty in the process, I am positive they would do it in the friggin courthouse. You ultra-maroon.
Another point, I am sick of the “victims” talking about their money. It was not their money! They signed releases for the amount they were offered. They are just money hungry shysters as well.
Woodley- Thank you for explaining it. I asked about Chesley because almost every witness, defense or prosecution side, pointed at Chesley as the one who did stuff. And they even showed a paper Chesley wrote to concock some sort of false thing, or something. Anyways, I live in Covington kinda near Cincinnati, and Chesley is well known in our area and theres always a lot about him in the news. Geez he’s famous. But when all the witnesses (practically all) kept talking about Chesley did this or that, I think it’s just confusing. I can’t figure out how those 3 got in jail, but Chesley didn’t. There seemed to be more evidence about Chesley then any of the lawyers! I was wondering what you make of it. Thanks.
I just went back and read the reports of this case in chronological order. It is quite humorous. You talk about media bias. The defendants should thank the stars that the jury took their oath seriously.
OH MY GOD check out the blog in today’s Cincinnati Enquirer.com on the fen phen article. WOW!!!!!!!!!!!!!!!!
To allen sanders,
Either you were paid by a news oulet or you don’t have a clue. Case in point, if the media was printing “the truth” why did 10 of the 12 jurors vote to acquit—not guilty. I am not a lawyer yet and before this trial, I was probably, a little more idealistic (thinking and still wanting to represent good causes). I don’t pretend to have all or in fact any answers, just observations.
WOODLEY- What happened to you? It’s not like you not to answer my questions. Is everything o.k.? You’ve taken a beating from comments by people, and I feel sorry for you. And by the way, when you get time to answer my latest questions, add one more o.k.? How on the earth did you all survive 6 weeks of sitting through this, day after day, after day?! Thank you Woodley.
Chesley is the chosen one and his wife is a federal judge. He is untouchable! It was not by choice, but my civic duty.
Woodley- I heard his wife is a judge too, so I think that has a lot to do with it (but I don’t think it should have influenced things - that wouldn’t be right Woodley). But I don’t understand what you mean by “he’s the chosen one”. What do you mean? I don’t understand that at all. Thank You.
Chesley is the best class action lawyer in the country! Even though he doesn’t know what taking the fifth means he made all the right moves. Hence not signing the settlement agreement. I think you are dwelling on Chesley a little too much. He was not on trial in this case and I was not at the civil case!
Do you really mean Chesley is the best in the country, or are you just joking around? I am dwelling on Chesley because he was the witness that seemed to play such a key role. Even the ex-judge Bamberger said that. Which I thought was important. Anyway, I guess I just don’t hold as high a regard for Chesley as you do. But anyway, that’s o.k. because it’s just my opinion. Well, I was wondering,where did you all suspect all that $125 million went, sice they supposedly gave the clients $25 million of the $200 Woodley? I am interested in what you think. Personally, if I had that kind of money, I could spend it one day!HA! HA! I love shopping! But really, where do you think that money could have went now? Nobody seems able to find it. If it were me, all you’d have to do is turn on the camera at Wal Mart and JCPenney’s, and you’d see me there 24/7 Woodley! HA HA But I do appreciate you answering my questions. Other bloggers don’t seem polite at all. Thank you.
I was once on a jury…
I tried to send an e-mail with fairly accurate figures, but perhaps this web-site couldn’t handle. Anyway,after the 1st two distributions, the clients got 74 Million. There was about 23 Million in the Fund for charitable contributions (which I now understand has been distibuted to A. Ford (7+ Million) and the former clients). The remaining money about 100 Million (after interest and everything) went to a lot of attorneys—about 70 Mil to the attorneys on trial. At the end of the day; the clients in KY and the lawyers did better than any one else in the country.
The judge awarded them 49% of 200 million. That is 98 million. They also set aside 7.5 million for indemnity that AHP made them responsible for in case other clients brought a lawsuit against AHP in a years time. No one did, so the judge awarded them the money. The judge also ordered 20 million to the C-Prey trust “The Kentucky fund for healthy living”. The clients received 75 million. Chesley and Dick Lawrence and others were paid out of the 98 million.
Thanks Woodley. Who is Dick Lawrence? And also, did you think the lawyers should have told the clients how much the settlement was for? Thank you.
Dick Lawrence is an attorney that helped them in the beginning. He is a friend of Chesleys. AHP made them sign a confidentiality agreement that did not allow them to tell their clients how much the total amount settled for. Each breach was 100,000 dollars. If they told you and you told a friend and that friend told someone that would be 200,000. They could tell you what your claim was worth or what they thought it was worth and if you signed the release you got your money.
I would have to agree with Woodley the juror. Stan “The Man” is the CHOSEN ONE and the GREATEST CLASS ACTION LAWYER IN THE COUNTRY. Woodley’s one smart juror! Stan outclasses the the country bumpkin lawyers. The judges and jurors are his playground. He came out smellin like a rose, because is IS a beautiful, wealthy, rose. A rose that’s tightly connnected to Bill & Hill. Soon to be connected tightly to Obama after this fundraiser. We like your way of thinkin Woodley- save up some cash and make it on over to Indian Hill! Stan doesn’t give a rat’s ass about what you people on this rediculous blog think and he has the multi multi millions to prove it. Keep up the good work Woodley and we may call you to do a little work for our firm!
Woodley- I was wondering if you’d had a chance to see what the jury foreman, Mr. Rainone, said in his interview in the Herald-Leader. He said there are a couple of people who should have been on trial. The paper says he “inferred” Bamberger & Chesley. Well, now that the trial is over and you look at it as a whole, I was wondering what your opinion is of that? And if you agree with the foreman, may I ask why? Thank you Woodley.
He meant the civil case. Chesley & Bamberger made no wire transfers so wire fraud is out of the question. I know you keep fishing for those 2 but your in the wrong pond. Don and the 9 of us were on the same page about everything!
to the juror Woodley-
Rainone was NOT referring to the “civil case”. A moron can read the article and his statements and see he is talking about the FEDERAL case.
So wood, you couldn’t seem to come up with a time line as to who & when this conspiracy started? Thank God you’re jury duty is finished. Your check for being a “juror” should be revoked. I don’t appreciate my tax dollars being spent on you.The blood of these innocent, and many deceased fen phen victims, is on your hands. You are disgusting and I can’t imagine how you will live with yourself.
Idiot, He meant if these three were on trial others should have been. Meaning they had no case and it should have never reached the Federal level! Your little comments about blood on my hands is starting to make me think you are a little light in your loafers. Ask the lady who bought 5 Dodge Durangos with her money how she is doing!
If anybody, “the blood of these innocent, and many deceased fen phen victims” is on the hands of AHP who manufactured and distributed the drug. Without, the lawyers, these “victims” would have probably died sooner and/or gotten nothing. Instead, they got more money than any other victims in nation.
Woodley, again I applaud you for the 8 weeks of dedication and the seriousness in which you took your civic responsibility. If anything, you did not get paid enough.
Woodley- Thiese people here on this are mean. Anyways, I have a question and your alowed to give your opinion, I know I care what you think! Unlike people on here! What is your opinion of what the 3 did with 98 million dollars? Thanks Woodley
I have no idea except now I know Gallion & Cunningham bought some horses. Technically it was the 4 of them because Chesley got his cut out of that as well!
Thank you Woodley. Since the majority of you all did’t think wire conspiracy (or what ever it is) was it, what do you think it SHOULD have been the charge? Malpractice, or something like that? You said probably the next trial will end the same way (looks like you’re probably right!). So then, since your a taxpayer and I am too, what is your opinion of what the prosecutor should charge them with this next trial? And also, do you think they can include Bamberger and Chesley in the charges of the next trial? Thanks for being nice enough to take the time to answer me Woodley. And I think you all did a good job with what you had to work with.
This matter really does appear to be a fee dispute. I also believe, that,at best, there were ethical violations which are not criminal since they didn’t nor appear to be able to rise to the level of conspiracy. I believe that there should not be another criminal case. Settle the fee dispute in the Civil Case. Settle the ethical violations before the Bar Association.
Well stated Venus. That’s exactly what the 10 of us thought.
Are you 2 serious? So what if “10″ of you “thought so too”? In case you haven’t noticed, ALL the blogs/media/editorials/legal websites are printing the comments of the general public and the reputable attorneys nationwide: those comments are 95% overwhelmingly expressing disgust at you “10″.
EXTREMELY SERIOUS.
Plus, it is not true that most are expressing disgust. If anything, most are sensible enough to understand what 10-2 to acquit means…do not retry (ESPECIALLY considering 7 weeks of trial and 8 days of deliberation…I can’t imagine that these dedicated jurors would want someone else to endure what they endured for ANOTHER HUNG JURY).
The Jury return a great verdict based on the facts of the cae. You can’t rely on what you read in the paper because the did not print many of the facts. If you want the goverment to spend more tax payers money, and waste another 12’s time. I’m pretty sure you will see the same results.
A good verdict like Glyphius.