Prosecutors have opposed a motion for a new trial by Berman Jerry Nowlin Jr., the developer of the “Undead” series of NFTs, who was convicted of conspiracy to commit money laundering and wire fraud. In a filing on Wednesday, prosecutors argued that Discord messages cited in Nowlin’s motion do not meet the legal or factual requirements to grant a new trial.
Nowlin, 21, was convicted in October by a federal jury after a three-day trial in Tampa, Florida. He argued that Discord messages between him and co-defendant Devin Rhoden, which allegedly show he was unaware of Rhoden’s fraudulent intentions, would have prevented his conviction had they been presented at trial. However, prosecutors countered that the evidence was not newly discovered, was cumulative and impeaching, and would not have altered the trial’s outcome.
“The proffered evidence fails to serve as a basis to vacate the jury’s verdict and grant a new trial because the evidence is not newly discovered, it is both cumulative and impeaching, and its admission would not produce a different result at a subsequent trial,” prosecutors wrote.
