Prosecutors want to avoid ‘ circus- like performance’ in trial

court motion seeking a gag order against Shkreli.

Alternatively, they suggested that jurors be escorted to and from the courthouse by federal marshals and also raised the possibility that the jurors be required to eat government- provided lunches under supervision as a group.

“It is of paramount importance to us that we avoid the ‘ circus- like performance’ ” that could affect jurors’ impartial hearing of the trial evidence, Assistant U. S. Attorney Jacquelyn Kasulis told the judge.

Arguing against the proposed restrictions, lead defense attorney Benjamin Brafman said Shkreli spoke out under duress amid what the pharmaceutical industry entrepreneur perceives as onesided media coverage of the trial.

Brafman said that “every single article” cites the episode for which Shkreli is best known to the U. S. public: Imposing a 5,000% price hike for Daraprim, a Turing Pharmaceuticals prescription medication used to treat those with the HIV virus and others with weakened immune systems.

“It’s prejudicial beyond words” because the pricing decision is unrelated to the eight- count fraud and conspiracy indictment against Shkreli, said Brafman. “He’s only human, and he responds to that.”

Instead, Shkreli is charged with conspiracy and fraud for allegedly scam-

“I was shocked that there were these statements. Any juror could have been there. They could have heard that.” U. S. District Judge Kiyo Matsumoto on Martin Shkreli’s recent outbursts

ming investors in two health care- focused hedge funds he once headed. He’s also accused of defrauding Retrophin, a pharmaceutical company he once served as its chief executive, by using the firm’s stock to repay personal debts and investors from the hedge funds.

After conferring momentarily with Shkreli, who has pleaded not guilty, Brafman told the judge the courthouse outburst was “an isolated incident” that his client pledged “will not happen again.”

Instead of taking Shkreli at his word, Matsumoto insisted that the promise take the form of an official court order.

The order, issued with jurors not present, came amid the disclosure that Shkreli’s lawyers discussed a potential guilty plea deal with prosecutors before the trial opened last week.

But Shkreli said he had done nothing wrong and opted to stand trial, Brafman said.