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Juror's Twitter posts at issue in $12M Arkansas civil trial

Thu, Mar 19th 2009 12:00 am
FAYETTEVILLE, Ark. (AP) - A Washington County Circuit Court juror's Internet postings to Twitter.com during a civil trial are the subject of an appeal of a $12.6 million judgment.

A lawyer for Russell Wright and Stoam Holdings filed a motion March 12 asking for a new trial over the postings by "Juror Jonathan." The motion alleges that the juror researched information about the case and communicated with others outside the jury about the case.

The juror sent eight messages - or "tweets" - to the micro-blogging Web site via his cellular phone during the trial, according to the motion. One read: "oh and nobody buy Stoam. Its bad mojo and they'll probably cease to Exist, now that their wallet is 12m lighter. http://www.stoam.com." Another read: "So Jonathan, what did you do today? Oh nothing really, I just gave away TWELVE MILLION DOLLARS of somebody else's money."

The jury awarded the money in late February to two northwest Arkansas men, Mark Deihl and William Nystrom, who invested in Wright's company. The company sold a building material called Stoam that it claims combines the insulation qualities of foam with the strength of steel.

"It was nothing more than a Ponzi scheme," said Deihl's attorney, Greg Brown of Harrington Miller Neihouse and Kieklak in Springdale. "(Bernie) Madoff is a very comparable case."

A jury heard the case in Hon. Mark Lindsay's courtroom in late February. Wright did not appear in court to dispute the claims.

Other messages the juror sent to Twitter include "I guess Im early. Two Angry Men just wont do" and "And the verdict is ... Penguin Eds can not make fries."

A search of the Web site showed that a Johnathan Powell of Fayetteville made the postings in question. Friday morning, Powell posted a new message: "Well, I'm off to see a judge. Hope they don't lock me under the jail, and forget about me for four days."

Powell did not respond to messages for comment. A clerk for the judge said Lindsay had no hearings scheduled over the matter Friday.