Fumo Lawyers File Motion For New Trial

PHILADELPHIA - First On Fox: Convicted former state senator Vince Fumo wants a federal judge to grant him a new trial.

This motion is based on a soon to be published story in Philadelphia Magazine, in which several of the jurors from the Fumo trial admitted they got access to information they weren't suppose to know about during the trial, reported Fox 29’s Dave Schratwieser.

PDF: Motion For New Trial

STORIES: Fumo Found Guilty On All 137 Counts | Juror Behind Fumo Trial Controversy Speaks

The motion for a new trial for former Senator Fumo comes just two weeks before he's set to be sentenced for his slam-dunk conviction on corruption charges that could have him looking at years in prison.

“It's a powerful motion, it's a significant motion,”  says legal expert and criminal defense lawyer Theodore Simon .

Simon reviewed Fumo's motion for a new trial. He says it's based on an upcoming story in Philadelphia Magazine that says jurors were exposed to highly prejudicial and inadmissible evidence that the judge had specifically excluded from the trial.

“Certainly something that one would hope never happens but if it does happen, any juror is obligated to report it to the court," says Simon.

The motion claims one juror was made privy to the information from co-workers and but never reported that fact to the judge.

“This is, in fact, makes it even worse and compounds the error. This goes to the very heart, the integrity of the verdict,” Simon tells Fox 29.

All this leads Simon to believe that, in the very least, the jurors in question should be summoned to the courthouse and interviewed to determine what they knew and when they knew it. On the final day of deliberations, one juror admitted to having access to social networking sites.

“The defense's position is they were severly prejudiced as a result,” says Simon.

The 66-year-old Fumo was convicted on 137 counts of corruption after a trail that lasted several months. Fumo faces a possible prison sentence of 21 to 27 years. The judge has already denied a previous motion for a new trial and one to delay sentencing.

“If there's validity to this motion, it should be fairly heard and pursued and if, in fact, the sentencing necessarily has to be put off, so be it,” Simon believes.

Larry Platt from Philadelphia Magazine would not comment about the Fumo story, which is due to hit newsstands August 1.

The U.S. Attorney's Office is reviewing Fumo's new motion and refused further comment. Fumo's lawyer did not return Fox 29's phone call.

Fumo is free on bail until his sentencing, which is scheduled for July 14.