Judge holds hearing for new trial
Defense claims someone tampered with jury selection
Lawyers for a former chiropractor and gymnastics coach, serving a 43-year prison sentence after being convicted on multiple sex counts in 2008, say their client deserves a new trial for several reasons.
One reason is that someone deliberately tampered with the makeup of the jury that convicted their client, the defense lawyers told Judge R. Scott Krichbaum of Mahoning County Common Pleas Court on Monday.
Gregory Dew also says he deserves a new trial because video and audio evidence was tampered with and some of the jury instructions were improper.
Dew was convicted of sex crimes committed between 1990 and 1992 against two of his female gymnastics students, who were then between ages 15 and 17, before he became a chiropractor. The allegations by the gymnasts came out in 2007, and while that case was being investigated he was indicted for charges relating to his chiropractic practice.
Dew had crimes the jury convicted him of as a chiropractor vacated by the Seventh District Court of Appeals.
Michael McGee, a lawyer for Dew, said his team has proof that someone changed codes on the computer system that picked jurors for his client’s trial to ensure that the jury pool was made up of an inordinate amount of people who were related to police officers. When asked who might have done it, however, McGee said he did not know.
“The bottom line is someone is messing with your courtroom,” McGee said.
Judge Krichbaum said Dew and his lawyers offered no evidence to point out who tampered or how and he also said that by law, that has to be dealt with before the trial starts and after the jury is picked. He said it is too late to appeal that issue.