Moving to set aside his conviction for looting the $132 million estate of his mother, Brooke Astor, Anthony D. Marshall on Monday offered purportedly new evidence that a single holdout juror was threatened during deliberations.
Marshall, 85, and his co-defendant, disbarred attorney Francis X. Morrissey, 67, claimed in their post-trial motion pursuant to Criminal Procedure Law §440.10 that they were denied their right to a fair jury trial when Acting Supreme Court Justice A. Kirke Bartley declined to make a statutorily mandated inquiry of the jurors, which they said would have revealed the intimidation.
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