Prosecutors have rejected a request for a new trial against Berman Jerry Nowlin Jr., the creator of the “Undead” NFT series who was convicted of conspiracy to commit money laundering and wire fraud. In a filing Wednesday, prosecutors argued that the Discord messages cited in Nowlin’s motion do not meet the legal or factual requirements for granting a new trial.
Nowlin, 21, was convicted by a federal jury in October 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 if presented in court. But prosecutors countered that the evidence was not newly discovered, was cumulative and accusatory and did not change the outcome of the trial.
“The evidence presented does not serve as a basis for overturning the jury’s verdict and granting a new trial because the evidence was not newly discovered, it is both cumulative and accusatory, and its admission at a subsequent trial will not produce a different result would,” prosecutors wrote.
