Man seeks new trial, cites jury misconduct

VAN BUREN — The attorney for a man convicted last week of killing his wife filed a motion Wednesday for a new trial based on reported “jury misconduct.”

Adam Rose filed the motion requesting a hearing on the matter in the Crawford County Circuit Court on behalf of Eathan Alan Cypert, 30, of Natural Dam, according to court records.

At the end of a three-day trial Jan. 25, a jury found Cypert guilty of first-degree murder in connection with the death of his wife, Kristina, 41, on July 3, 2022, along with using a firearm to commit the murder.

Cypert was sentenced to life in prison for the first-degree murder charge. He received an additional 15 years in prison for the firearm enhancement.

However, Rose stated in the motion Wednesday that a member of the jury informed him Tuesday that other jurors said in deliberations that they knew Kristina Cypert and her family. The jurors also reportedly claimed they had been to the Cyperts’ home, provided details of the home’s layout and drew a diagram of the residence for the other jurors.

“This was a central point of contention in the defendant’s theory of the case presented to the jury, and a diagram of the home was never presented by the state or the defense as evidence in the case presented to the jury,” Rose wrote.

Rose also wrote that a member of the jury told other jurors about potential plea negotiations and offers the state had made to Cypert in the case.

Rose argued this reported jury misconduct involves “extraneous prejudicial information” being considered, as well as improper outside influence that affected jury deliberations. He said these are grounds for a new trial.

“In order to receive a new trial, the defense is not required to demonstrate exactly how the defendant was prejudiced; rather, only that the defendant has a reasonable possibility of prejudice,” Rose wrote.

Rose asked for a hearing and that he be allowed to subpoena all 12 jurors to testify under oath on what extraneous information was brought in and discussed in jury deliberations.

A response to Rose’s motion hadn’t been filed as of late afternoon Thursday, according to court records.