Jim Carlson's attorney seeking motion for new trial following juror revelations

By KBJR News 1

October 10, 2013 Updated Oct 10, 2013 at 10:01 AM CDT

Duluth, MN (NNCNOW.com) - Last Place on Earth owner Jim Carlson's attorney Randall Tigue says he'll be seeking a motion for a new trial before they appeal the case that found his client guilty on 51 of 55 counts related to synthetic drug sales.

Tigue says he's basing this decision on new revelations from an outspoken juror who admitted just how close Carlson came to walking free.

A handful of Downtown Duluth's East Superior Street businesses were greeted Wednesday morning by a visit from Chamber of Commerce President David Ross, and Police Chief Gordon Ramsay.

The duo was checking in with store owners to see how their businesses were faring—both financially and mentally—since Monday's 51 guilty verdicts put Last Place on Earth owner Jim Carlson in custody, awaiting sentencing.

"We're hoping to be here for a long time, and this was kind of a crucial piece that we needed to know that this area is changing," said Duluth Coffee Shop owner Eric Faust. "We're open for business, and we want people to be walking these streets."

"We're getting new clientele back in already, and old clientele that are coming back to us," said Original Coney Island owner Rand Sola. "It's been really nice."

Meanwhile, a recent interview with a juror on Carlson's federal case has Carlson's attorney Randall Tigue mapping out his next plan of action.

According to our partners at the Duluth News Tribune, a juror identified only as 'Mark' stated that Carlson's guilty verdicts came down to one simple thing: mislabeling drugs.

Had he put a 'not for human consumption' label on his "No–Name" brand incense, Carlson would be a free man.

"If you believe what this juror said, there's a huge disparity between the verdict that the jury actually rendered and what he said occurred," said Tigue. "They should have found him guilty of the misbranded counts under the Food and Drug Act, and not guilty of everything else. That's clearly not what the jury did."

Tigue says these statements from the juror will shape how they handle everything going forward—from sentencing to seeking a motion for a new trial.

"Right now [we're] focused on a motion for a new trial, but we will be making some arguments on sentencing," said Tigue.

...new fuel for the defense going forward in this precedent–setting case.

Tigue added that Carlson has not yet been interviewed for his pre–sentence investigation, and that his actual sentencing isn't expected for at least three weeks.

Billy Wagness

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