Shkreli ordered to stop talking about trial around courthouse
Judge says comments by ‘pharmacy bro’ could influence case
Martin Shkreli’s NEW YORK spouting off about his fraud trial around the Brooklyn federal courthouse is officially over.
U.S. District Judge Kiyo Matsumoto on Wednesday ordered the so-called “pharmacy bro” to stop talking about the case in areas where his criticism and comments could influence jurors and alternates empaneled to hear the case — and potentially result in a mistrial.
She issued the order after Shkreli last week sparked alarm among lawyers on both sides of the case with a surprise lunchtime visit to a courtroom where he told reporters and spectators that the government’s legal team was “junior varsity.” He also declared that the opening government witness against him was not a “victim,” then continued the criticism outside the courthouse.
“I was shocked that there were these statements,” Matsumoto said of the outburst. “Any juror could have been there. They could have heard that.”
The statements prompted prosecutors to file a Monday court motion seeking a gag order against Shkreli. Alternatively, they suggested jurors be escorted to and from the courthouse by federal marshals and also raised the possibility that ju- rors 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.
Lead defense attorney Benjamin Brafman said Shkreli spoke out under duress amid what the pharmaceutical entrepreneur perceives as one-sided media coverage of the trial. Brafman said “every single article” cites the episode for which Shkreli is best known to the U.S. public: Imposing a 5,000% price hike for Dara-
prim, a Turing Pharmaceuticals medication used to treat those with HIV 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, Brafman said. “He’s only human, and he responds to that.”
Instead, Shkreli is charged with conspiracy and fraud for allegedly scamming 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.
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 the promise take the form of an official court order. The order, issued with jurors not present, came amid the disclosure Shkreli’s lawyers discussed a potential guilty plea deal with prosecutors before the trial opened. But Shkreli said he had done nothing wrong and opted to stand trial, Brafman said.