Jury's Confusion: New Trial for Doctor Accused of Wife's Manslaughter?

The sentencing for an anesthesiologist, Gerhardt Konig, convicted of attempted manslaughter of his wife, has been postponed. This decision stems from a motion filed on May 15, seeking to vacate the judgment and order a new trial. The defense contends the jury misunderstood the instructions related to the attempted murder charge.

Attorneys for Konig highlighted public statements made by the jury foreperson and another juror after the verdict. These statements, they argue, suggest the jury did not find the requisite intent to kill for the attempted manslaughter charge, which is a required element.

At trial, the prosecution presented evidence suggesting Konig planned his wife's murder due to an alleged affair. Konig admitted to hitting his wife with a rock but claimed self-defense, alleging she was after his life insurance.

The defense asserts that a juror declared they did not believe Konig intended to kill his wife. They argue that this indicates a misunderstanding of the court's instructions, as intent to kill is necessary for attempted manslaughter based on extreme mental or emotional disturbance.

Further complicating the case, the motion alleges potential outside influence, citing a commenter on a livestream who claimed to be texting a juror before the verdict was announced. The defense believes these issues warrant a new trial.

If the judge vacates the judgment, the defense argues Konig cannot be retried for attempted murder due to double jeopardy protections. The state has until July 1 to file opposition to the motion, with the hearing scheduled for August 14.