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Neulander appeal begins with focus on juror misconduct

Robert Neulander/ CNYCentral file photo

The attorneys representing convicted wife killer Robert Neulander are pointing to the actions by one of the jurors in the trial as a reason to grant a mistrial.

In April 2015, the former OBGYN was convicted of murdering his wife in a fit of rage in September of 2012 inside of their Dewitt home. A jury also found him guilty of tampering with evidence for covering up the crime scene to make it look like she had fallen in the shower.

During an appeal before a state appellate court panel Wednesday, Neulander's defense raised concerns over potential misconduct by one of the jurors in that trial; specifically that she deleted information from her phone.

One of the appellate judges concluded there was clearly misconduct by the juror, but the panel said whether the misconduct impacted the case is still to be determined. Prosecutors argued the misstep does not require a mistrial.

A four-judge panel for the Appellate Division's Fourth Judicial Department is hearing the case, including Associate Justice Edward Carni from Syracuse.

This is not the first time Nuelander has attempted to have his conviction tossed. Last year, Neulander claimed that his trial attorney failed to prepare for a cross examination of a prosecution medical expert, but an Onondaga County Court judge ruled Neulander received effective counsel.

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