Insys Founder Says 'Spillover Prejudice' Warrants New Trial

Law360 (March 2, 2021, 7:12 PM EST) -- The founder of opioid maker Insys Therapeutics insisted Tuesday he deserves a new trial on his landmark racketeering conviction, telling a federal appeals court the outcome was adulterated by "spillover prejudice" from emotional testimony on counts that were gutted only after the verdict.

Founder John Kapoor told the First Circuit that the jury was able to hear highly emotional testimony from opioid patients related to Racketeer Influenced and Corrupt Organizations Act conspiracy predicates that were dismissed after the verdict. This testimony was unrelated to the RICO conspiracy mail and wire fraud predicates that remained standing, and it irreparably biased the jury,...

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