NEW YORK STATE (WSYR-TV) — The New York State Court of Appeals, which is the highest court in the state, will hear oral arguments in the Robert Neulander case on September 5.
The full panel of seven judges is expected to hear from the Onondaga County District Attorney’s office as well as an attorney for Robert Neulander.
The DA’s office is appealing a lower court decision to overturn Neulander’s 2015 murder conviction.
In June of 2018, the State Supreme Court Appellate Division Fourth Department ruled by a 3-2 vote that Neulander should be granted a new trial based on jury misconduct.
They agreed with Neulander that texting during the case by Juror 12 with family and friends denied him a fair trial.
Neulander was quickly brought back to Onondaga County and new bail was set by his trial lawyer.
Within a few days, Neulander was able to post the $1 million bail and left the Onondaga County Justice Center a free man in July. He remains free but must wear a GPS monitoring ankle bracelet and has surrendered his passport. He cannot leave Onondaga County without written permission from the Court.
The DA’s office quickly filed for the case to be heard by the Court of Appeals arguing texting alone doesn’t warrant a new trial and that the text messages in question contained nothing that would prevent a fair trial.
The DeWitt doctor was sentenced in 2015 for the murder of his wife, Leslie, in 2012 and attempting to cover it up to appear she slipped and fell in the shower.
Neulander had served nearly three years of his 20-year to life sentence in State Prison.
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